성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (e.g., a minor under 13 years of age) among the modified facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles
In addition, in full view of various circumstances that are the conditions for sentencing as shown in the records, such as the Defendant’s age and character environment, relationship with the victim, motive, means and consequence of the instant crime, the circumstances after the crime, etc., there is no substantial reason to recognize that the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 10 years of imprisonment, was extremely unfair even when considering the circumstances asserted by
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.