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(영문) 대법원 2017.09.12 2017도10531
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
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, the lower court is justifiable to have found the Defendant guilty of the instant facts charged (excluding the portion of innocence) on the grounds stated in its reasoning. In so doing, it did not err by misapprehending the facts or violating the rules of evidence by failing to exhaust all necessary deliberations as alleged in the grounds of appeal

In addition, examining various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age character and character environment, relationship with the victim, motive means and consequence of the instant crime, etc., the determination of the lower court’s imprisonment with prison labor for not less than 10 years cannot be deemed as extremely unfair.

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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