2018Do3868 Violation of the Act on the Control of Narcotics, etc. ( native) and the Act on the Protection of Children and Juveniles against Sexual Abuse (sexual purchase, etc.)

A

Defendant

Attorney AH (National Ship)

Seoul High Court Decision 2017No2839 Decided February 9, 2018

May 11, 2018

The appeal is dismissed.

The grounds of appeal are examined.

Although examining the reasoning of the lower judgment in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine on the determination of credibility of evidence, contrary to what is alleged in the grounds of appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. In this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Cho Jong-hee

Justices Kim Jae-tae

Justices Kim Jae-in

Justices Min Il-young in charge