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(영문) 대법원 2017.05.31 2017도4287
아동ㆍ청소년의성보호에관한법률위반(강요행위등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly adopted and examined by the court below and the first instance court on the grounds of Defendant A’s appeal, the court below is justified in holding that Defendant A was guilty of both the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.) and the violation of the Child Reinstatement Act (child abuse) among the facts charged in the instant case against Defendant A on the grounds stated in its reasoning.

In doing so, the lower court did not err by exceeding the bounds of free evaluation due to violation of logical and empirical rules, or by misapprehending the legal doctrine on a violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (voluntary coercion, etc.) or a child welfare violation (child abuse).

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant B, an appeal may be filed on the grounds that the judgment of the court below affected the conclusion of the judgment or that the mistake of a serious fact has influenced the judgment, only in the case of which death penalty, life imprisonment, or imprisonment with or without labor for not less

Defendant

In this case where a more minor punishment was imposed on B, the argument that the lower court simply contests the acknowledgement of facts, the selection of evidence, or the determination of punishment is unfair is not a legitimate ground 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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