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(영문) 대법원 2017.12.13 2017도16948
성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, a new argument that there is a violation of the rules of evidence, mistake of facts, or lack of trial is not a legitimate ground for appeal.

And the court below dismissed the defendant's request for the appointment of defense counsel in this case which is not a requisite attorney-at-law

Therefore, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

Meanwhile, the argument that the judgment of the court below contains an error of law beyond the inherent limit of discretion in sentencing is ultimately an unfair argument in sentencing.

Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is unfair because it is too minor in the instant case where a minor sentence has been imposed against the Defendant cannot be a legitimate ground for appeal.

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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