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(영문) 대법원 2016.05.12 2016도3420
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court was justifiable to have found the Defendant guilty of violating the Act on the Protection of Children against Sexual Abuse (e.g., deceptive scheme) against the Victim D among the facts charged in the instant case on the grounds stated in its reasoning.

There is no violation of the principle of free evaluation of evidence against logical and empirical rules.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

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

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