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(영문) 대법원 2017.04.27 2017도3382
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자유사성행위)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower judgment in relation to the Defendant case, the lower court was justifiable to have found the Defendant guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (the act of similarity of minors under 13 years of age) among the facts charged in the instant case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

2. As to the case of a request for the observation and order of protection, if the defendant and the person who requested the observation and order of protection file an appeal against the defendant's case, the appeal shall also be deemed to have been filed as well.

However, the notice of appeal does not indicate the reason and the reason for appeal does not indicate the reason for 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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