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(영문) 대법원 2015.09.15 2015도11853
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court convicted all of the facts charged of this case. Examining the records and evidence, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the warrant requirement and the exclusion of illegally obtained evidence.

In addition, the argument that the court below's determination of sentencing erred in violation of the law without considering the reason under Article 51 of the Criminal Act is ultimately an unreasonable sentencing argument.

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 punishment

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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