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(영문) 대법원 2016.03.24 2016도1192

아동ㆍ청소년의성보호에관한법률위반(강제추행)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the violation of the Act on the Protection of Children against Sexual Abuse, the violation of the Act on the Protection of Juveniles against Sexual Abuse, and the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against Children and Juveniles against Sexual Abuse among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the court below did not err by misapprehending the law on logic and experience and exceeding the bounds of free conviction, or by misapprehending the legal principles on assault and intimidation in violation of the Act on the Protection of Juveniles against Sexual Abuse and the violation of the Act on the Protection of Children against Sexual Abuse against Juveniles against Sexual Abuse, as alleged in the ground of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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