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(영문) 대법원 2013.10.11 2013도3592

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등

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The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence of the first instance court’s adoption maintained by the lower court, it is justifiable for the lower court to have convicted all of the facts charged of the instant case on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of finding facts against the rules of logic and experience or by misapprehending the relevant legal principles.

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years in the original trial. Thus, an appeal to the Supreme Court is not allowed on the grounds that the Defendant’s punishment is excessively unreasonable.

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