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(영문) 대법원 2018.03.29 2018도1007
성폭력범죄의처벌등에관한특례법위반(장애인강제추행)등
Text

All appeals are 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 lower judgment in relation to the Defendant case, the lower court was justifiable to have determined that the instant facts charged were guilty on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

In addition, the argument that the court below erred in violating the principle of proportionality in sentencing is ultimately unfair.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the amount of punishment is unfair in the instant case where the Defendant and the person who requested an attachment order (hereinafter “Defendant”) were sentenced to a more minor punishment, is not a legitimate ground for final appeal.

2. The argument that the attachment order of an electronic tracking device is improper is asserted to the effect that the Defendant’s appeal is based on the location tracking device’s attachment order or is not subject to an ex officio determination by the court below, and is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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