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(영문) 대법원 2019.10.17 2019도11781
성폭력범죄의처벌등에관한특례법위반(공중밀집장소에서의추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For reasons indicated in its holding, the lower court determined the Defendant guilty of the facts charged of this case and rejected the Defendant’s assertion on mental disability.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

The assertion that it would be possible to receive medical treatment and custody shall not constitute a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

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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