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(영문) 대법원 2017.09.21 2017도9029

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)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 Defendant was guilty of charges of the Incheon District Court 2016 High Gohap 124 case (i.e., the crime of March 30, 2016) among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

In addition, the argument that the judgment of the court below is erroneous in the deliberation of the basic facts for sentencing and the violation of logical rules is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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