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(영문) 대법원 2016.08.17 2016도8136
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below is just in holding that the court below convicted all of the charged facts of violation of the Act on the Protection of Children’s Sex Offenses and violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kamera, etc.) on the Punishment, etc. of Sexual Crimes, on the grounds stated in its reasoning. There is no error of law by misapprehending the logical and empirical rules and exceeding the bounds of free conviction or by misapprehending the legal principles on the crime of rape, as alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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