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(영문) 대법원 2021.02.25 2020도17685
아동ㆍ청소년의성보호에관한법률위반(유사성행위)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court reversed the judgment of the first instance court that acquitted the victim B of the indecent act committed against the victim B among the facts charged in the instant case, and convicted the Defendant.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of forced indecent act and Article 314 of the Criminal Procedure Act.

According to Article 383, Paragraph 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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, 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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