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(영문) 대법원 2018.06.19 2018도3211
강제추행
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. In full view of all the circumstances indicated in the records, such as the age, occupation, and criminal record of the defendant and the claimant for the observation order (hereinafter “the defendant”), the court below’s order to disclose and notify the defendant’s personal information for a period of three years on the ground that there are no special circumstances that the disclosure of the personal information of the defendant is prohibited.

There is no error as alleged in the grounds of appeal.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

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

2. As to the case of the claim for protection observation order, in a case where the defendant files a final appeal against the defendant's case, the case of the claim for protection observation order shall be regarded as filing a final appeal.

However, there is no statement of reason in the petition of appeal and there is no statement of reason for appeal in the statement of reason for appeal.

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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