beta
(영문) 대법원 2016.01.14 2015도17352

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13) among the facts charged in the instant case.

There is no error of exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or of misapprehending the relevant legal principles.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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