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(영문) 대법원 2014.06.26 2014도4569
성폭력범죄의처벌및피해자보호등에관한법률위반(13세미만미성년자강간등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted by the court below, the court below's determination that all of the facts charged in this case is justified, and contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on the specification of the facts charged, the credibility of victim's statement, the principle of trial on evidence, the principle of reinforcement of confession, the principle of presumption of innocence, and the degree of proof as to the facts charged.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed on the ground that the amount of punishment is extremely unreasonable only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where the defendant was sentenced to a minor sentence, the argument that the sentence is too unreasonable is too unreasonable is

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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