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(영문) 대법원 2016.01.28 2015도18902
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in holding that the court below convicted all of the charged facts of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse and violation of the Act on the Protection of Children and Juveniles against Sexual Abuse, on the grounds stated in its reasoning. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below erred by exceeding the limit of sentencing discretion is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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