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(영문) 대법원 2018.05.15 2018도3624
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, in light of the evidence, it is justifiable to maintain the first instance judgment that the lower court found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning.

In contrast to the allegations in the grounds of appeal, there is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on the commencement of execution in the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes.

In addition, pursuant 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 is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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