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(영문) 대법원 2019.08.29 2019도7825
성폭력범죄의처벌등에관한특례법위반(특수강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal against a prosecuted case on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

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.

2. When comprehensively considering various circumstances indicated in the records, such as the Defendant’s age, happiness, environment, motive and consequence of each of the instant crimes, the court below’s maintenance of the first instance judgment ordering the Defendant to be put on probation for three years in view of the risk of recidivism of sexual crimes, on the grounds as stated in its reasoning, is justifiable, and there is no error in the misapprehension of the grounds 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.

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