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(영문) 대법원 2013.04.11 2013도2107
아동ㆍ청소년의성보호에관한법률위반(강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that all of the facts charged in this case was guilty on the grounds as stated in its holding is just, and there is no error in the misapprehension of legal principles as to the presumption of innocence, the presumption of innocence, and the crime of inducing sexual intercourse.

Meanwhile, 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 not less 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 sentencing of the

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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