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(영문) 대법원 2014.04.10 2014도1502
아동ㆍ청소년의성보호에관한법률위반(강제추행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Of the appellate brief submitted by the Defendant and the requester for medical treatment and custody (hereinafter “Defendant”), the part of the grounds for appeal concerning the mistake of facts and misapprehension of legal principles is merely stated in such assertion and did not state specific reasons therefor. Thus, this cannot be deemed a legitimate ground for appeal.

In addition, pursuant to 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

2. As long as a defendant files an appeal on a medical treatment and custody claim case, a final appeal on the medical treatment and custody claim case shall be deemed to have been filed.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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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