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(영문) 대법원 2016.12.27 2016도16799

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of various circumstances indicated in the records, such as the background of the instant crime, the act of the Defendant before and after the instant crime, the investigation, and the statement and attitude of the Defendant in the trial proceedings, etc., the Defendant cannot accept the allegation in the grounds of appeal disputing this point, on the ground that: (a) the Defendant was in a state of mental disorder and the mental retardation of an impossible disorder at the time of the instant crime; (b) the Defendant was in a state of mental disorder

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of punishment is unreasonable is not

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