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(영문) 대법원 2019.07.24 2019도7028

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the charges.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal doctrine regarding the rules of evidence.

In addition, examining various circumstances that include the defendant's age, character and conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and circumstances after the crime, etc., it cannot be deemed that the court below's sentence of imprisonment with prison labor for 12 years against the defendant is extremely unfair even when considering the circumstances asserted in the grounds for appeal.

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