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(영문) 대법원 2021.03.11 2020도17257
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. The lower court affirmed the first instance judgment that found the Defendant guilty of the instant facts charged, on the grounds as indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on the Protection of Children and Juveniles against Sexual Abuse (e.g., deceptive means, etc.), a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Act, such as deceptive means

The argument that the lower court’s determination of sentencing erred in matters of law such as incomplete deliberation, misunderstanding of facts, and misunderstanding of legal principles is ultimately an unfair argument for sentencing.

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

Defendant

In this case where a person who requested an attachment order (hereinafter referred to as "defendant") is sentenced to a more minor punishment, 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, a final appeal shall be deemed filed regarding the case for which the defendant filed a final appeal regarding the defendant's case.

However, there is no indication of the reason in the petition of appeal and there is no indication of the reason for appeal 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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