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(영문) 대법원 2014.05.29 2014도4124

특정범죄가중처벌등에관한법률위반(향정)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, it is just for the court below to have found the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes due to the administration of philophones for E among the facts charged in the instant case on the grounds as stated in its reasoning. There is no error in the misapprehension of legal principles as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against logical and empirical rules and beyond the bounds of the principle of free evaluation of evidence without properly conducting necessary deliberation as alleged in the grounds 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 or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot be

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