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(영문) 대법원 2016.08.30 2016도10852

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have determined that the crime of attempted quasi-rape of this case constitutes not the attempted crime but the attempted crime of disability, based on the reasons indicated in its reasoning.

In doing so, there is no error of misapprehending the legal principles as to the attempted suspension of the fact by exceeding the limit of the principle of free evaluation of evidence.

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

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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