logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.06.13 2019도4307
성폭력범죄의처벌등에관한특례법위반(주거침입강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the prosecuted case, the lower court convicted all of the charges of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the charges in the instant case on the grounds stated in its reasoning.

The judgment below

Examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, 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 the establishment of a crime of violating the Act on Special Cases Concerning the Punishment,

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

Defendant

In this case where a probation order requester (hereinafter referred to as "defendant") is sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Any assertion that an order or notification order of personal information disclosure for five years against the defendant is unfair shall not be a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

2. When a defendant files an appeal against a prosecuted case regarding the request for probation order, the appeal shall be deemed to have been filed as to the case of request for probation order.

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

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow