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(영문) 대법원 2014.12.11 2014도9529

아동ㆍ청소년의성보호에관한법률위반(강간등)등

Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds of appeal.

In such a case, the argument that the judgment below erred in the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a forced act, etc.) among the facts charged in the instant case, each of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Rape, etc.), confinement, violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), violation of the Punishment of Violences, etc. Act (a threat of collective deadly weapon, etc.), violation of the rules of evidence, and misconception of facts due to insufficient deliberation, cannot be a legitimate ground for

Furthermore, even upon examining the record, the lower court cannot be deemed to have erred as otherwise 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 not less 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 against Defendant A, the argument that the amount of punishment is unreasonable

2. As to Defendant E’s appeal, Defendant E did not submit the appellate brief within the statutory period, and Defendant E did not state the grounds for appeal in the petition of appeal.

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