아동ㆍ청소년의성보호에관한법률위반(강제추행)등
All appeals are dismissed.
1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that each of the instant charges was guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the defendant and the requester for an attachment order (hereinafter “defendant”) are sentenced to a more minor punishment is not a legitimate ground for final appeal.
2. As to the case of the request for attachment order, in a case where the defendant files a final appeal against the defendant's case, the appeal shall be deemed to have been filed.
However, there is no statement of reason in the petition of appeal and there is no statement of reason for appeal in 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.