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(영문) 대법원 2017.08.24 2017도5481
아동ㆍ청소년의성보호에관한법률위반(준강간)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of statements in the grounds of appeal filed by defense counsel after the lapse of the period for submitting the grounds of appeal).

Even if examining the relevant legal principles and evidence, the lower court did not err by misapprehending the facts or by misapprehending the relevant legal principles against logical and empirical rules, contrary to what is 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 has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair 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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