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(영문) 대법원 2020.01.30 2019도17213
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found the Defendant guilty of the instant charges on the grounds stated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (a minor under the age

According to Article 383 subparag. 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. In this case where the defendant and the person requesting an attachment order (hereinafter referred to as the "defendant") were sentenced to a more minor sentence, the argument that punishment is too unreasonable is not a legitimate ground for appeal

2. With respect to the case for which the request for attachment order is filed, if the defendant files a final appeal regarding the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

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