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(영문) 대법원 2016.01.14 2015도17789
성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to the Defendant case, the lower court is justifiable to have found the Defendant guilty of all the charges of this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

In addition, pursuant to Article 383 subparagraph 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 is imposed, a final appeal may be filed on the grounds of an unfair sentencing. As such, the argument that the punishment is too unfair is not legitimate in this case where the defendant and the requester for the treatment and custody (hereinafter “defendant”) were sentenced to a more minor punishment.

2. As long as the Defendant filed an appeal against the Defendant’s medical care and custody application case, the appeal is deemed to have been filed as to the medical care and custody application case. However, the grounds of appeal are not indicated in the petition of appeal and the grounds of appeal are not indicated in the written appeal.

3. 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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