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(영문) 대법원 2013.12.26 2013도13017
준강제추행등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. The argument in the grounds of appeal is merely an error of the fact-finding by the fact-finding court under the principle of free evaluation of evidence, and the ground for appeal is examined in light of the evidence duly admitted, the judgment below which found the defendant guilty of quasi-indecent act by compulsion of evidence does not err in the bounds

In addition, the argument that the judgment of the court below violated the inherent limit of sentencing conditions is ultimately an unreasonable sentencing argument.

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 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 sentencing of the punishment is unfair

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 the reason in the petition of appeal and there is no entry of the reason for objection in the statement 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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