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(영문) 대법원 2020.03.27 2020도2114
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

The appeal is dismissed.

Of the case name of the judgment of the court below.

Reasons

We examine the grounds of appeal.

The argument that the judgment of the court below was omitted in the judgment of the court below as to the circumstances favorable to the defendant, or contains an error against the rules of evidence.

According to Article 383 subparagraph 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, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since it is evident that there is any error in the case name indication among the judgment below, it is decided to revise it in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition

March 27, 2020

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