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(영문) 대법원 2016.12.27 2016도17066
준강제추행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Examining the reasoning of the lower judgment in light of the reasoning of the lower judgment that there was an error of misapprehension of the legal principles as to sentencing, such as the incomplete hearing and the principle of substantive statement, etc., the above ground of appeal is ultimately an allegation

However, under 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 not less 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 above assertion and the argument to the effect that the amount of punishment is unreasonable

In light of the records, it cannot be deemed that the court below violated the defendant's right to trial by closing arguments on the first day of trial.

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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