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(영문) 대법원 2014.11.27 2014도10569
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing for reasons of appeal.

In this case, the argument that the judgment below erred in mistake of facts cannot be a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's mental and physical argument on the grounds as stated in its reasoning.

In addition, the argument that the judgment of the court below erred in the interpretation and application of Article 51 (1) of the Criminal Act constitutes an unreasonable sentencing argument.

However, 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 more 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 punishment is too unreasonable is not a legitimate

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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