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(영문) 대법원 2013.05.24 2013도3607
강제추행등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court and the first instance court, the lower court is justifiable to have found the Defendant guilty of each of the instant charges on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending the legal doctrine on the crime of attempted indecent act, attempted indecent act,

2. In light of the various circumstances indicated in the record, such as the background of the instant crime, the Defendant’s act before and after the instant crime, the details and attitude of the Defendant’s statement in the investigation and trial proceedings, and the Defendant’s mental sentiment against the Defendant, etc., it does not appear that the Defendant was in a state of mental disorder beyond the ability to discern things or make decisions due to the instant crime’s disorder and shock or shock disorder, and it does not appear that

We cannot accept the allegation in the ground of appeal that the lower court erred by misapprehending the legal principles as to mental disorder.

In addition, the argument that the defendant was in a state of mental disorder at the time of committing the crime of this case is already accepted by the court below, so it cannot be viewed as a legitimate ground for appeal

3. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where a more minor sentence has been imposed on the Defendant, the argument that the amount of punishment is unreasonable

4. 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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