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(영문) 대법원 2013.09.12 2013도7560
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, in a case where a prosecuted case is sentenced to death penalty, imprisonment with labor for an indefinite term, or imprisonment with or without labor for not less than ten years, an appeal on the grounds of unfair sentencing is permitted. As such, in the instant case where the defendant and the person who requested an attachment order (hereinafter “the defendant”) were sentenced to more minor punishment, the argument that the amount of

2. In light of all the circumstances indicated in the records, such as the character and conduct, age, details of each of the crimes in this case, motive and method of the crime, and circumstances after the crime, the judgment of the court below that the defendant is in danger of re-offending is just, and there is no error of law by misunderstanding of facts or misunderstanding of legal principles as claimed in the grounds 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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