logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.02.18 2015도20018
아동ㆍ청소년의성보호에관한법률위반(준강간)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case on the grounds stated in its reasoning, and there is no error of law as alleged in the grounds of appeal.

Meanwhile, the argument that the lower court erred by misapprehending the legal principles as to the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case is not a legitimate ground for appeal, as alleged by the Defendant only in the grounds of appeal that the lower court did not regard it as the subject of judgment ex officio.

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

Other grounds for appeal by the defendant cannot be legitimate grounds for appeal as prescribed in Article 383 of the Criminal Procedure Act.

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

arrow