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(영문) 대법원 2021.02.25 2020도18477
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds stated in its reasoning, the lower court found the Defendant guilty of the violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Indecent Acts, such as deceptive schemes against minors under the age of 13) and the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (Indecent Acts, such as deceptive schemes) among

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 in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Indecent act, such as deceptive means by a minor under 13 years of age) or a crime of violating the Act on the Protection of Children and Juveniles

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final 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, if the defendant files an appeal against the defendant's case, the appeal shall be deemed to have been filed ex officio by the court below's dismissal of the request for attachment order.

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