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(영문) 대법원 2020.02.06 2019도14881
유사강간
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court ordered the Defendant a three-year restriction on employment of child and juvenile-related institutions, etc. and welfare facilities for the disabled.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on the principle of no accusation and omission in the judgment on the part of the employment restriction order.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles as to the part of the Defendant case cannot be 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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