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(영문) 대법원 2014.01.23 2013도13560
강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Based on its stated reasoning, the lower court determined that the instant facts charged was guilty, and sentenced the Defendant to the disclosure order and notification order for five years.

The judgment below

Examining the reasoning in light of the evidence and records duly admitted by the court below, the above judgment of the court below is just, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the admissibility of evidence of a crime of indecent act by force or illegally collected evidence.

Meanwhile, 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 sentencing of the punishment is unreasonable

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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