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(영문) 대법원 2020.03.12 2019도17901
미성년자의제강간등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the inducement of sexual intercourse among the facts charged in the instant case on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of inducing sexual intercourse.

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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

Defendant

In this case where a more minor punishment is imposed on the person subject to the attachment order, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. The argument that the judgment on the application for an attachment order is too harsh is not a legitimate ground of appeal.

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

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