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(영문) 대법원 2020.06.25 2020도4659

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and argued mistake of facts as well as unreasonable sentencing as the grounds for appeal, but withdrawn the grounds for appeal other than unfair sentencing on the first trial of the court below.

In such a case, the argument that the lower court erred in misunderstanding of facts, misunderstanding of legal principles as to the autonomy and credibility of confessions cannot be a legitimate ground for appeal.

Examining various circumstances, such as the Defendant’s age and behavior environment, relationship with the victim, motive means and consequence of the instant crime, and circumstances after the crime, etc., the determination of the lower court’s punishment, which maintained the first instance judgment that sentenced the Defendant to 13 years of imprisonment, cannot be deemed extremely unfair even when considering the circumstances asserted by the Defendant.

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