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(영문) 대법원 2019.06.13 2019도4729

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court convicted the Defendant of the instant facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

The allegation that the lower court erred by infringing on the essential contents of the principle of balance of punishment or the principle of responsibility falls under the allegation of unfair sentencing.

According to 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 is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

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