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(영문) 대법원 2013.07.12 2013도5756
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)
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 the Defendant guilty of each of the facts charged in this case (excluding the part not guilty in the grounds of appeal) on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles as to failure to resist in the crime of quasi-indecent act, or by misapprehending the bounds of

In addition, under 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 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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