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(영문) 대법원 2015.01.29 2014도10673
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, and the judgment of the court below has affected the conclusion of the judgment. Thus, in this case where a suspended sentence of two years and six months has been pronounced against the defendant, the defendant merely denies the facts charged and asserts that the court below's fact-finding is not a legitimate ground for appeal.

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

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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