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(영문) 대법원 2014.11.27 2014도13020

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below’s determination that all charges of this case (excluding the acquittal portion of the court of first instance) are guilty on the grounds as set forth in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the court below did not err by violating the logical and empirical rules and exceeding the bounds of the principle

In addition, in light of the records, the court below's maintenance of the judgment of the court of first instance that ordered the disclosure of information on the defendant for seven years is just and there is no violation of law such as misunderstanding of relevant legal principles.

In addition, considering various circumstances, such as the Defendant’s age, behavior intelligence and environment, relationship with the victim, motive means and consequence of each of the instant crimes, and circumstances after the crime, etc., the determination of the lower court’s punishment that maintained the first instance court’s order of 10 years, even if considering the circumstances asserted by a state appointed defense counsel, cannot be deemed as significantly unfair.

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