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(영문) 대법원 2015.07.23 2015도7614

아동ㆍ청소년의성보호에관한법률위반(유사성행위)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on mental and physical disability based on its stated reasoning.

There is no error of incomplete deliberation on mental illness.

On the other hand, it cannot be said that the court below erred on the ground that the court did not forward the case to the juvenile department having jurisdiction over the case since the court's determination whether the defendant case constitutes a protective disposition is based on the court's discretion as a result of the trial.

In examining records, the judgment below did not err by misapprehending the legal principles on protective disposition, etc. under the Juvenile Act, thereby deviating from the limits of discretion or omitting judgment.

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

참조조문