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(영문) 대법원 2016.11.10 2016도13637
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning 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 reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by violating the logical and empirical rules and exceeding the bounds of

In addition, the argument that the lower court erred by misapprehending the legal principles on sentencing, thereby infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility constitutes an 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 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

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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