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(영문) 대법원 2015.03.20 2015도1756
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the court below erred by misapprehending the legal principles as to Article 51 of the Criminal Act when sentencing a prosecuted case constitutes the allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where the defendant and the requester for probation order (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

In light of the records, it is just that the court below maintained the judgment of the court of first instance that ordered disclosure of information on the defendant for five years, considering that there are no special circumstances to prevent disclosure of personal information to the defendant for the reasons stated in its reasoning, and there is no violation of law as otherwise alleged in the grounds of appeal.

2. As long as a defendant files an appeal against a prosecuted case regarding a request for probation order, it shall be deemed that an appeal has been filed regarding a request for probation order.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. 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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