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(영문) 대법원 2014.09.04 2014도9115
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have convicted each of the instant charges of violating the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof (Rape, etc. of Minors under the age of 13), and of violation of the Act on the Protection of Juveniles against Sexual Abuse (Rape, etc. of Juveniles under the age of 13). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of

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 is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the defendant and the respondent for an attachment order are sentenced to a more minor sentence, the argument that the sentence is unfair is too unreasonable cannot be

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

However, there is no entry of reasons in the petition of appeal or 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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