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(영문) 대법원 2016.05.27 2016도4125
강제추행등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the defendant case, while appealed against the judgment of the court of first instance, the defendant asserted mental and physical weakness as well as unfair sentencing on the grounds of appeal, but revoked the grounds for appeal for mental and physical weakness on the first trial date of the court below.

In such a case, the argument that the lower court erred by mistake of facts, misunderstanding of legal doctrine, or mental and physical disorder is not a legitimate ground for appeal.

In addition, pursuant 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 is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

On the other hand, the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of an unfair sentencing, belongs to the territory of the freedom of formation permitted by the legislative authority. Thus, the above provision of the law is not in violation of Article 101 (2) of the Constitution of the Republic of Korea, Article 101 (2) of the Constitution of the Republic of Korea, or Article 383 (4) of the Criminal Procedure Act, or it does not infringe on the fundamental rights of the people (see Supreme Court Decisions 97Do1355 delivered on July 11, 1997, 2007Do1808 delivered on April 26, 2007). The argument that Article 383 subparagraph 4 of the Criminal Procedure Act is unconstitutional is not accepted

2. As to the case for which a request for attachment order is made, a final appeal shall be deemed to have been filed regarding the case for which the defendant filed a final appeal regarding the case of the defendant.

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

3. Therefore, all appeals are dismissed. It is so decided by all participating Justices.

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