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(영문) 대법원 2014.03.13 2014도852
아동ㆍ청소년의성보호에관한법률위반(장애인간음)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court’s determination that the Defendant was guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case on the grounds indicated in its reasoning is justifiable, and there is no violation of law of logic and experience and free evaluation

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. As such, in this case where the defendant and the person requesting an attachment order (hereinafter “the defendant”) were sentenced to a more minor punishment, the argument that the amount of punishment is unreasonable is not a legitimate

2. With respect to a case for which an attachment order is requested, if the defendant files a final appeal against the case, the appeal shall be deemed filed regarding the case for which the attachment order is requested.

However, there is no entry of reasons in the petition of appeal or there is no entry of reasons for objection in the petition of appeal.

3. 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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