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(영문) 대법원 2015.03.12 2015도659
강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the charge of this case was guilty on the grounds stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules

In addition, examining the reasoning of the judgment below in light of the records, we affirm the court below's rejection of the defendant's argument about the mental and physical disorder on the ground of the circumstances as stated in its reasoning, and there is no error of law

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed against the defendant, the argument that the judgment of the court below erred by exceeding the inherent limits of the discretion

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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