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(영문) 대법원 2018.04.26 2017도14794
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The issue of whether to accept the application for examination of evidence falls under the discretion of the court, and even if the court below rejected the defendant's application for examination of witness, it cannot be deemed unlawful.

In addition, Article 299 of the Criminal Procedure Act can be limited to the extent that it does not infringe on the essential rights of the person related to the lawsuit when the statement or examination of the person related to the lawsuit is overlapping or irrelevant to the lawsuit.

Inasmuch as the lower court prescribed that “the Defendant’s right to defense was infringed even if the lower court restricted the Defendant’s examination based on the right to direction the lawsuit.

subsection (b) of this section.

This part of the grounds of appeal is without merit.

Meanwhile, according to 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 not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

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

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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