성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
The appeal is dismissed.
The grounds of appeal are examined.
The judgment below
In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability based on its stated reasoning, and there is no error of misconception of facts or misunderstanding of legal principles as to mental and physical disability.
In addition, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of balance of crime or the principle of responsibility constitutes the argument of unfair sentencing.
However, under 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 not less 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 defendant, the argument that the sentencing of the punishment
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.