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(영문) 대법원 2014.09.26 2014도7264
강제추행상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the allegation that the lower court erred by infringing on the fundamental contents of the principle of balanced criminal punishment or the principle of accountability regarding the deliberation of sentencing and the determination of sentencing constitutes an allegation of unfair sentencing.

However, under 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 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 sentencing of the punishment

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the records, it is justifiable to maintain the first instance judgment which acquitted each of the charges of this case on the ground that there is no evidence of crime regarding injury by compulsion and robbery among the charges of this case, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence

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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