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(영문) 대법원 2018.05.30 2018도4944
아동ㆍ청소년의성보호에관한법률위반(강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the lower court and the first instance court as to the Defendant case, the lower court’s determination that all of the facts charged of this case is guilty on the grounds stated in its reasoning is justifiable.

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 the judgment of the court below erred in violation of the principle of balance of punishment or the principle of responsibility is an unfair argument in sentencing.

According to Article 383 (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.

Defendant

In this case where a person who requested an attachment order (hereinafter referred to as "defendant") is sentenced to more minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. With respect to a case for which a request to attach an attachment order is filed, a final appeal shall be deemed filed regarding the case for which the defendant files a final appeal.

However, there is no reason to object to the petition of appeal or the statement of reason 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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