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(영문) 대법원 2015.11.27 2015도15298
강제추행등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the lower court’s determination of sentencing contains an error of misapprehension of legal principles is ultimately an unreasonable sentencing argument.

However, 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 against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

In addition, it is reasonable that the court below ordered the defendant to disclose and notify the information of the defendant for five years, considering that there are no special circumstances that the defendant should not disclose and notify the personal information as stated in its reasoning.

There is no error in the misapprehension of legal principles regarding "special circumstances in which the disclosure or notification of personal information shall not be disclosed or notified" as an exception to the disclosure or notification order.

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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