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(영문) 대법원 2014.02.13 2013도15705
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자준강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records of the case brought an appeal against the judgment of the court of first instance, the defendant and the person to whom the attachment order was requested (hereinafter “the defendant”) asserted a mistake of facts as to the violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes against Victims F (the minor under the age of 13 quasi-rape, etc.) on the grounds of the appeal, along with the allegation of unfair sentencing and the unlawful assertion of the order to notify disclosure of personal information as the grounds for appeal. However, the court below withdrawn the aforementioned assertion of mistake of facts on the first trial date and left only the grounds

In such a case, the argument that the court below erred in the misapprehension of the legal principles as to the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Victims F (rape, etc. against minors under the age of 13) is not a legitimate ground for appeal.

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 sentencing of the

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed 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, 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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