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(영문) 대법원 2018.11.29 2018도14020
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court reversed the first instance judgment convicting the Defendant on the ground that there was no proof of a crime as to the charge of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a coercion, etc.) and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a brokerage, etc.) among the facts charged in the instant case, and sentenced the

The judgment below

Examining the reasoning of the lower judgment in light of the record, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, an appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten

Therefore, in this case where a more minor punishment is imposed on the defendant, the defendant's assertion that the court below erred in selecting evidence and determining probative value or finding facts based on it, or that the court below erred in misapprehending the legal principles on the premise of facts different from the facts acknowledged by the court below is not a legitimate ground for appeal.

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

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