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(영문) 대법원 2020.06.11 2020도4439

준강제추행등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court affirmed the first instance judgment that ordered three years restriction on employment of child and juvenile-related institutions, etc. and welfare facilities for disabled persons to the Defendant and the person subject to a request to attach an attachment order (hereinafter “Defendant”) on the grounds stated in its reasoning, upon finding the Defendant guilty of the instant facts charged.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the relevant legal doctrine.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the case for which the request for attachment order is filed, if the defendant filed an appeal against the prosecuted case, it is deemed that the court below dismissed the request for attachment order and the probation order issued ex officio files an appeal.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.