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(영문) 대법원 2015.07.09 2015도7041

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The selection of evidence and fact-finding belong to the exclusive authority of a fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

On the grounds indicated in its reasoning, the lower court found the Defendants guilty of all the facts charged. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine, contrary to what is alleged in the grounds of appeal.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the Defendants, the argument that the punishment is too unreasonable is not legitimate

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