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대법원 2014.10.30 2014도11398
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court is justifiable to have found all of the facts charged in the instant case guilty, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the free evaluation of evidence against logical and empirical rules

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

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