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(영문) 대법원 2018.12.13 2018도14793
강제추행치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have convicted of the instant facts charged on the grounds stated in its reasoning.

In so doing, there were no errors by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on political party acts.

Examining the record, the prosecutor previously suspended prosecution on the injury caused by indecent act among the facts charged in the instant case, and re-guilty and re-guilty.

Even if it does not constitute abuse of the right to institute a public prosecution, it cannot be deemed as a legitimate ground for appeal.

According to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the judgment of the court below is unfair or that the court below seeks an employment restriction order is not a legitimate ground for appeal.

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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