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(영문) 대법원 2014.06.12 2014도4808
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court’s determination that the facts charged of the instant case were guilty is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

Meanwhile, the part of the appellate brief stating that “the court below erred by violating the Constitution, laws, orders, or rules, or by misunderstanding the legal principles, which affected the conclusion of the judgment,” is only indicated as such, and did not state specific reasons therefor, it cannot be deemed a legitimate ground for appeal.

In addition, under Article 383 subparagraph 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 has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the requester for an attachment order (hereinafter referred to as “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground for

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

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

3. 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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