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(영문) 대법원 2017.12.13 2017도16022

무고등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment on the grounds of Defendant A’s appeal in light of the evidence duly admitted, the lower court, on the grounds indicated in its reasoning, found Defendant A guilty of all of the facts charged in the instant case and of violation of the Act on the Punishment, etc. of Sexual Crimes (using camera, etc.).

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts beyond the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the period of acceptance of crimes in violation of the Act on the Punishment, etc. of Sexual Crimes (use of cameras, etc.).

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. As such, in this case where a minor sentence has been imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court was justifiable in its judgment that found Defendant B guilty of violating the Act on the Punishment, etc. of Sexual Crimes (use of camera, etc.) among the instant facts charged against Defendant B based on its stated reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles regarding the period of the arrest of a crime of violation of the Act on the Punishment, etc. of Sexual Crimes (use of camera, etc.) by misunderstanding facts beyond the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the legal principles

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