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(영문) 대법원 2016.08.29 2016도10039
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

In addition, the ground of appeal that is merely disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court or the recognition of facts based thereon is not a legitimate ground of appeal.

The allegation in the grounds of appeal is merely an assertion of the purport that the lower court’s fact-finding, which belongs to the free judgment of the fact-finding court without any specific grounds of violation of statutes, and thus, it does not constitute a legitimate grounds of appeal in this case where a minor sentence is imposed

In addition, the argument that the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes is unconstitutional because it cannot be seen as a unconstitutional law that infringes on fundamental human rights stipulated in the Constitution is rejected.

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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