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(영문) 대법원 2018.06.15 2018도5100
준강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the record in light of the records, there are special circumstances in which the court below is prohibited from disclosing personal information to the defendant for reasons in its holding.

It is difficult to see

It is reasonable to maintain the judgment of the first instance that ordered disclosure of information about the defendant for a period of three years, and there is no error in the misapprehension of legal principles as alleged in the grounds of appeal.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is granted, an appeal may be filed on the grounds of unfair sentencing.

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

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

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