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(영문) 대법원 2017.03.30 2017도2168

강제추행등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court as to the defendant's case, the court below is justified in finding the defendant guilty of the facts charged of this case for the reasons stated in its holding.

In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation against logical and empirical rules, or by misapprehending the legal doctrine on the degree of proof required in criminal proceedings or by violating statutes.

Examining the record, the lower court’s rejection of the Defendant’s and the person who requested an attachment order (hereinafter “Defendant”)’s mental and physical weakness based on the circumstances indicated in its reasoning is justifiable.

In addition, there was no error by misapprehending the legal principles on mental and physical weakness, or by misapprehending the legal principles.

According to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. With respect to a case for which a request to attach an attachment order is filed, a final appeal shall be deemed filed regarding the case for which the defendant files a final appeal.

However, it is not possible to find out that there is no reason to object to the petition of appeal or the statement of reason for appeal.

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