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(영문) 대법원 2014.09.04 2014도7720
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by

Meanwhile, the part of the appellate brief that “the court below erred by violating the Constitution, laws, orders, and rules, or by misapprehending the legal principles, which affected the conclusion of the judgment,” among the grounds of appeal filed by the Defendant and the person subject to the request to attach an attachment order (hereinafter “Defendant”), is merely stated as such, and did not state specific reasons therefor. Thus, it cannot be deemed a legitimate ground of appeal.

In addition, pursuant 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 more 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 is unreasonable

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

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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