logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.09.10 2015도9933
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the accused case, the accused and the respondent for the attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

In addition, pursuant to 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 more 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 the

2. As to the case for which a request to attach an attachment order is filed, if the defendant files an appeal against the case for which the request to attach an attachment order is deemed to have been filed, the appeal is deemed to have been filed, but the appellate brief does not state the grounds therefor in the petition of appeal

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

arrow