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(영문) 대법원 2013.12.26 2013도12973

성폭력범죄의처벌등에관한특례법위반(장애인위계등간음)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, the court below’s finding the Defendant guilty of the facts charged in this case on its grounds as stated in its reasoning is acceptable.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on the degree of proof required in criminal proceedings.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the grounds that the amount of punishment is unreasonable.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.