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(영문) 대법원 2017.10.12 2017도12136
강제추행등
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 in this case for the reasons stated in its reasoning, and there is no violation of law of logic and experience beyond the bounds of free evaluation of evidence, contrary to the allegations in the grounds of

In addition, the argument that the court below erred in violation of Article 51 (Conditions for Sentencing) of the Criminal Act by deviating from the inherent limits of sentencing discretion is ultimately an unfair argument in sentencing.

Therefore, under 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 has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair, including the above argument, is not a legitimate

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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