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(영문) 대법원 2013.07.12 2013도5329

성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)

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The appeal is dismissed.

Reasons

We examine the grounds of appeal.

According to the records, the defendant did not explicitly state his mental disorder in the first instance court, and even appealed against the judgment of the first instance, he asserted only unfair sentencing as a reason for appeal.

In such a case, the allegation in the grounds of appeal purporting that the lower court erred by failing to exhaust all necessary deliberations or omitting judgment is not a legitimate ground of appeal.

Furthermore, even after examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged by the state appointed defense counsel.

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