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(영문) 대법원 2014.02.27 2013도15760
특정범죄가중처벌등에관한법률위반(향정)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding that the court below convicted of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in this case and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.) on the grounds of its stated reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle

In addition, pursuant to 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 more 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 amount of punishment is 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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