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(영문) 대법원 2014.12.11 2014도13404

성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining various circumstances that may serve as the conditions for sentencing as shown in the records, such as the Defendant’s age, intelligence and environment, relationship with the victim, motive means and consequence of each of the instant crimes, and circumstances after the commission of the crime, the determination of the lower court’s punishment that maintained the first instance court’s sentence that sentenced the Defendant to 10 years imprisonment with prison labor cannot be deemed to be extremely unfair, even when considering the circumstances asserted by the Defendant and his defense counsel.

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