logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.08.30 2016도9438
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
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, the court below is justified in finding the Defendant guilty of the facts charged in this case on the grounds stated in its reasoning.

In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine without exhausting all necessary deliberations as alleged in the grounds of appeal.

In addition, the argument that the court below, while failing to exhaust all necessary deliberations in the determination of the punishment against the defendant, found facts in violation of the rules of evidence and sentenced an excessive sentence by deviating from the inherent limits of sentencing discretion is ultimately an unfair argument in sentencing.

However, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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

arrow