beta
(영문) 대법원 2014.01.29 2013도14730

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the defendant was in a state of mental disorder at the time of committing the crime of this case is not a legitimate ground for appeal, as alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that the court below did not consider

Meanwhile, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unfair

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