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(영문) 대법원 2017.02.03 2016도19360
중감금치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, it is justifiable for the lower court to have found the Defendant guilty of the injury caused by confinement and the injury caused by forced indecent act among the facts charged in the instant case on the grounds stated in its reasoning.

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending relevant legal principles.

In addition, the argument that there was an error of mistake as to the point of special intimidation and each damage to property among the facts charged in the instant case is not a legitimate ground for appeal since the Defendant alleged that it was the ground for appeal or that it was not subject to a judgment ex officio by the court below.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair shall not 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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