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(영문) 대법원 2015.06.11 2015도5465
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the reasoning of the lower judgment as to the prosecuted case based on evidence, the lower court did not err by misapprehending the facts contrary to logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under the age of 13).

In addition, in light of the various circumstances indicated in the records, such as the background of the instant crime, the act of the Defendant before and after the instant crime, the details and attitude of the Defendant’s statement in the investigation and the trial proceedings, and the Defendant’s mental sentiment against the Defendant, etc., the Defendant does not seem to have been in a state of mental or physical disability as a result of the instant crime. Therefore, the allegation in the grounds of appeal disputing

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. Examining the reasoning of the lower judgment regarding a medical treatment and custody claim in light of the evidence, the lower judgment that upheld the first instance judgment, which is put on medical treatment and custody, did not err as alleged in the grounds of appeal

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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