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(영문) 대법원 2020.03.13 2020도1572

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등

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The appeal is dismissed.

Article 32 (2) of the Criminal Act provides that "1. Statutory mitigation is made after the fourth and seventh proceedings of the first instance judgment."

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, the judgment of the court below affected the conclusion.

A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's fact-finding or the punishment is too unreasonable is not a legitimate ground for appeal, without any specific argument about the violation of the law of the court below.

Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the reasoning of the first instance judgment, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the

March 13, 2020