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(영문) 대법원 2020.03.26 2020도813
아동ㆍ청소년의성보호에관한법률위반(강요행위등)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 convicted Defendant A of the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (hereinafter “Juvenile Protection Act”) on June 8, 2017 among the facts charged against Defendant A.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the admissibility of hearsay statements, the establishment of a violation of the Juvenile Sex Protection Act (voluntary act, etc.), and the latter

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, Defendant C may file an appeal on the ground of unfair sentencing only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has

Therefore, in this case where a more minor sentence is imposed against Defendant C, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. The Defendants’ final appeal is dismissed in entirety as it is without merit. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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