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(영문) 대법원 2015.02.12 2014도16352
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant 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 stated in its reasoning, and it did not err by misapprehending the legal principles on the intention to commit a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (a brokerage business), the establishment of a co-principal, or the calculation of an additional charge, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the court below, in determining the punishment against the defendant, has significantly lost equity in comparison with other defendant who committed a similar crime, is ultimately an allegation of unfair sentencing. According to Article 383 subparagraph 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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the court rendered a more minor sentence against the defendant, the argument that the sentencing of the punishment

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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