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(영문) 대법원 2016.07.14 2016도7304

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of all violations of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes concerning the Compulsory Indecent Acts by Minors under the age of 13 March 8, 2015 among the facts charged in the instant case.

There is no error of misapprehending the legal principles on forced indecent acts.

In addition, the argument that the judgment of the court below was illegal due to the misunderstanding of the legal principles on forced indecent acts is ultimately an unfair argument for sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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.