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(영문) 대법원 2014.03.13 2014도735
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals are dismissed.

The judgment below

Of the 8th page 7, "paragraph 3 in the market" shall be "paragraph 2 in the market."

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of the charge of violating the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (a minor rape, etc. under thirteen years of age) and the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor indecent act under thirteen years of age) on the Punishment, etc. of Sexual Crimes, based on the reasons indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations,

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the respondent for an order to attach an electronic device are sentenced to a more minor sentence, the argument that

2. With respect to the case of the request for attachment order, if the defendant and the requested person file a final appeal regarding the case of the accused case, the appeal shall be deemed to have been filed regarding the case of the request for attachment order

However, there is no entry of the grounds of appeal in the petition of appeal and there is no entry of the grounds of appeal in the appellate brief.

3. Therefore, all appeals are dismissed, and it is obvious that there are some errors in the judgment of the court below. Accordingly, it is so decided as per Disposition by the assent of all participating Justices on the bench to correct them pursuant to Article 25(1) of the Regulations on Criminal Procedure.

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