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(영문) 대법원 2020.08.20 2020도7394
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court, on the grounds indicated in its reasoning, found the Defendant guilty of the instant facts charged, sentenced the Defendant and the person requesting an attachment order (hereinafter “Defendant”) to an employment restriction order for ten years with respect to child and juvenile-related institutions, etc. and welfare facilities for the disabled.

In full view of the circumstances revealed in the records, such as the Defendant’s age, character and conduct, environment, occupation, criminal record and type of crime, criminal process, result, etc., the lower court is justifiable to order the Defendant to put an employment restriction for ten years with respect to institutions related to children and juveniles and welfare facilities for disabled persons. In so doing, the lower court did not err

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the case for which a request to attach an attachment order is filed, if the defendant filed an appeal against the prosecuted case, it is deemed that the court below dismissed the request to attach an attachment order and the probation order issued ex officio.

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