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(영문) 대법원 2018.12.27 2018도16299
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등간음)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower judgment that found the instant facts charged guilty on the grounds stated in its reasoning did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

On the other hand, the argument that the defendant's age, sex, and power are considered as favorable circumstances is ultimately unfair for sentencing.

Therefore, under 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 more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been 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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