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(영문) 대법원 2019.03.14 2018도20795

성매매알선등행위의처벌에관한법률위반(성매매강요등)등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted, the lower court is justifiable to have found Defendant A guilty of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (competence of persons with disabilities) among the facts charged against Defendant A, on the grounds indicated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence.

Meanwhile, 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

Defendant

In this case where a more minor sentence is imposed against A, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on Defendant B’s grounds of appeal in light of the evidence duly admitted, the lower court is justifiable to have found Defendant B guilty on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors exceeding the bounds of the principle of free evaluation of evidence.

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