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(영문) 대법원 2019.06.13 2019도4795
강제추행
Text

The appeal is dismissed.

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 erred by misapprehending the legal principles and actually erred in the judgment on the choice of evidence and probative value of evidence or the fact-finding based thereon, or that the punishment is too unreasonable is not a legitimate ground for appeal.

In addition, according to evidence duly adopted and examined by the court below, the defendant's crime of this case does not seem to have been committed in the state of mental disorder or mental disability (e.g., the state of mental disorder or mental disorder).

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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