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(영문) 대법원 2020.03.26 2020도1145

아동ㆍ청소년의성보호에관한법률위반(강간등치상)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court convicted the Defendant of the instant facts charged.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on injury in the crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse.

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 not less than ten years is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.