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(영문) 대법원 2015.10.29 2015도13131
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below contains an error of incomplete deliberation or misapprehension of legal principles as to the conditions for sentencing, and an error of deviation from discretion in sentencing is ultimately an allegation of unfair sentencing.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate

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

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