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(영문) 대법원 2018.04.12 2018도2039

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged (excluding the portion not guilty of the reasoning) on the grounds indicated in its reasoning.

There is no error in the misapprehension of legal principles as to the specification of facts charged.

Furthermore, considering the circumstances asserted in the grounds of appeal, the lower court’s sentence of 10 years to the Defendant is extremely unfair, even considering the following circumstances: (a) the Defendant’s age character and character environment, relationship with the victim, motive, means, and consequence of each of the instant crimes; and (b) the circumstances following the commission of the crime.

The argument that the lower court’s error in violation of the Act on Citizen Participation in Criminal Trials is alleged to the effect that the Defendant’s ground for appeal or the lower court’s decision was not subject to ex officio judgment, and thus, 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.