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(영문) 대법원 2018.07.12 2018도7321
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant’s case, the lower court is justifiable to have found the Defendant and the Defendant as guilty of all the charges of this case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules.

In addition, 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 punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the claim for medical care and custody, the lower court, on the grounds stated in its reasoning, requires the Defendant to receive medical treatment at the medical care and custody facilities and there is a risk of re-offending.

It is justifiable to maintain the judgment of the first instance court ordering the treatment and custody.

There is no error as alleged in the grounds 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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