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(영문) 대법원 2014.03.27 2014도1901
성폭력범죄의처벌등에관한특례법위반(친족관계에의한준강제추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below was just in finding the defendant guilty of the facts charged in this case on the grounds as stated in its holding, and there was no error of misapprehending the legal principles as to the admissibility of evidence of the statement by witness, or misunderstanding of facts beyond the bounds of the principle of logic and experience and free evaluation of evidence.

In addition, 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

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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