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(영문) 대법원 2020.12.24 2020도14582

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the credibility of the

The argument that the court below erred in the misapprehension of legal principles as to sentencing constitutes the allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

The Defendant stated in the statement of the grounds of appeal that “the instant crime was committed in the state of mental or physical disorder (e.g., in the state of mental or physical disorder)” and did not state specific reasons therefor. Thus, this does not constitute a legitimate ground of appeal.

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