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(영문) 대법원 2017.07.11 2017도7470
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the new argument that the court below violated the rules of evidence, erred in the misunderstanding of legal principles, or failed to receive the adequate assistance of counsel in the court of first instance cannot be a legitimate ground for appeal.

On the other hand, even upon examining the record, the court below violated the defendant's right to have the assistance of counsel.

There is no error in law.

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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