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(영문) 대법원 2013.04.11 2013도2032
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court’s finding the Defendant guilty of indecent act by compulsion on the grounds stated in its reasoning is justifiable. In so determining, the lower court did not err by misapprehending the logical and empirical rules and exceeding the bounds of the free evaluation

In addition, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment

In addition, the remaining arguments in the grounds of appeal are not legitimate grounds of appeal, as they are alleged in the grounds of appeal that the defendant did not consider them as grounds of appeal or as subject to ex officio judgment by the court below.

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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