아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its reasoning, the lower court convicted the attempted indecent act of the instant facts charged.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the commencement of the commission of indirect principal offenders in the crime of indecent act by compulsion.
According 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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.