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(영문) 대법원 2016.11.24 2016도15389
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the Defendant case, the Defendant and the person to whom the attachment order was requested (hereinafter “Defendant”) asserted that the Defendant was in a state of mental disorder at the time of committing the instant crime in the statement of grounds for appeal, the lower court did not render a judgment as to the allegation of mental disorder.

However, even after examining the records, the omission of judgment by the court below does not affect the conclusion of the judgment, since the defendant was in a state of mental disorder at the time of committing the crime in this case.

Meanwhile, the argument that the judgment of the court below erred by misapprehending the legal principles on sentencing review constitutes the allegation of unfair sentencing.

However, under 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 not less 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. With respect to the case for which the request for attachment order is filed, if the defendant files an appeal against the case for which the request for attachment order is filed, the appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. 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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