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(영문) 대법원 2018.01.25 2017도18566
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of all of the facts charged in the instant case, of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Rape of Minors under the age of 13), violation of the Act on the Protection of Juveniles against Sexual Abuse, and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules,

In addition, examining various circumstances that are the conditions for sentencing, such as the Defendant’s age, sexual conduct, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, and the circumstances after the crime, which are acknowledged by records and evidence, the sentencing of the lower court, which maintained the first instance judgment that sentenced the Defendant to ten years of imprisonment, even if considering the circumstances asserted by the national defense counsel on the grounds of appeal, is too unreasonable.

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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