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(영문) 대법원 2015.08.27 2015도9417
강제추행치상
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the accused case, the accused and the requester for an attachment order (hereinafter “defendant”) appealed against the judgment of the first instance, and only asserted mental and physical disability and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no violation of law as alleged in the grounds of appeal

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. As to the claim for attachment order, the argument that the court below erred in incomplete deliberation as to the recidivism of sexual crimes and the risk of recidivism in the judgment below is erroneous, is not a legitimate ground for appeal since the defendant alleged that it was not a legitimate ground for appeal.

Furthermore, even after examining records, there is no error as claimed in the judgment below as the grounds for appeal.

In addition, the argument that the attachment order of the electronic device against the defendant is improper because it is too excessive shall not be a legitimate ground 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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