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(영문) 대법원 2015.12.24 2015도16730
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the accused case, the Defendant and the requester for an attachment order (hereinafter “Defendant”) appealed against the judgment of the 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 or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, pursuant 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. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

Other grounds for appeal by the defendant may not be legitimate grounds for appeal under Article 383 of the Criminal Procedure Act.

2. With respect to a case for which a request for attachment order is made, if the defendant files a final appeal against the case for which the request for attachment order is filed, the final appeal shall be deemed filed.

However, there is no entry of reasons in the petition of appeal and there is no entry of reasons for objection in the appellate brief.

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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