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(영문) 대법원 2014.05.29 2014도4055
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

1. Examining the reasoning of the lower judgment in light of the evidence duly adopted by the first instance court or maintained by the lower court, the lower court was justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where the defendant was sentenced to a notice of disclosure of information for the period of four years, the completion of sexual assault treatment program for not less than 120 hours, and the defendant's notice of disclosure of information for five

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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