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(영문) 대법원 2013.12.26 2013도12916
성폭력범죄의처벌등에관한특례법위반(친족관계에의한강제추행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on “relatives in a de facto relationship” under Article 5(5) of the former Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (amended by Act No. 11556, Dec. 18, 2012).

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 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

In addition, the grounds of appeal alleged in the grounds of appeal are not legitimate grounds of appeal, as they are alleged in the grounds of appeal that the defendant did not consider it as grounds of appeal or are not subject to judgment ex officio.

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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