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(영문) 대법원 2018.12.13 2018도15423
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment below erred by misapprehending the legal principles on the method of examining the sentencing and determining the sentencing, thereby deviating from the inherent limit of the sentencing discretion, constitutes an unfair argument in sentencing.

Examining various circumstances that form the conditions for sentencing indicated in the record, such as the Defendant’s age and character environment, relationship with victims, motive, means, and consequence of the instant crime, etc., even in light of the circumstances asserted in the grounds of appeal, the lower court’s sentence of imprisonment with prison labor for a period of not more than six years cannot be deemed extremely unfair.

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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