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(영문) 대법원 2016.10.27 2016도7466
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to a prosecuted case, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed. As such, the argument that the punishment of the accused and the respondent for an attachment order is too unreasonable is not legitimate grounds for appeal.

Other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

2. With respect to the case of the request for attachment order, if the defendant and the requested person file a final appeal regarding the case of the accused case, the appeal shall be deemed to have been filed regarding the case of the request for attachment order

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the statement of appeal.

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

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