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(영문) 대법원 2016.07.27 2016도8035
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court, on the grounds stated in its reasoning, found the Defendant guilty of both violation of the Act on the Protection of Juveniles against Sexual Abuse and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case, is justifiable. In so determining, contrary to what is alleged in the grounds of appeal, there were no errors by misapprehending the logical and empirical rules and by misapprehending the relevant legal principles.

In addition, pursuant 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, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the defendant and the requester for an attachment order was sentenced to minor punishment is not legitimate grounds for appeal

2. With respect to the case for which the request for attachment order is filed, if the defendant and the person for whom the request for attachment order is filed file a final appeal regarding the case of the defendant, the appeal shall be deemed to have been filed

However, the grounds of appeal are not indicated in the petition of appeal and the reasons of appeal are not indicated 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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