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(영문) 대법원 2015.01.29 2014도16103
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have determined that the Defendant was guilty of inducing indecent acts among the facts charged in the instant case on the grounds and circumstances stated in its reasoning and to have rejected the assertion on mental and physical disability. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence

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 not less 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

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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