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(영문) 대법원 2018.11.29 2018도15204

아동ㆍ청소년의성보호에관한법률위반(강요행위등)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of applications filed following the deadline for appeal not timely filed).

The lower court convicted the Defendant of the charge.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on joint principals.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, 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 appeal.

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