특정범죄가중처벌등에관한법률위반(영리약취ㆍ유인등)등
All appeals are dismissed.
The grounds of appeal are examined.
1. Examining the reasoning of the lower judgment on Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (special rape) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) against the Defendant on September 201, is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the inducement
2. Examining the grounds of appeal by Defendant F in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.) among the facts charged in the instant case on the grounds as stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the legal principles on assault and intimidation in the crime of rape by exceeding the bounds of the principle
Meanwhile, the argument that the judgment of the court below erred by exceeding the limit of discretion in sentencing is ultimately an allegation of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing is allowed only when the court below rendered a sentence of death, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years. Thus, the argument that the determination of punishment is unfair is not a legitimate ground for appeal.
3. As to the grounds of appeal by Defendant G and H, Article 300 of the Criminal Procedure Act is either ex officio or ex officio, if deemed necessary.