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(영문) 대법원 2017.12.28 2017도18389
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical weakness on the grounds stated in its reasoning.

In other words, there was no error of misunderstanding of the facts or misunderstanding of the legal principles concerning mental and physical weakness.

In addition, the court below's order to disclose information on the defendant for a period of five years, based on the reasons stated in its reasoning, is justified.

There is no error by misapprehending the relevant legal principles.

Meanwhile, according 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 shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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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