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(영문) 대법원 2019.07.25 2019도5743
아동ㆍ청소년의성보호에관한법률위반(강간)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court upheld the first instance judgment that found the Defendant guilty of the instant facts charged, on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

In addition, even in light of the record, there is no violation of the court below's right of cross-examination against the victim of the defendant and the respondent for the attachment order (hereinafter "defendant") in the trial proceedings.

The Defendant stated in the sign of the appellate brief that “the court below erred by violating the Constitution, Acts, orders, or rules, or by misapprehending the legal principles, which affected the conclusion of the judgment,” but did not state specific reasons, it cannot be deemed 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 is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not legitimate

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 indication of the grounds of appeal in the petition of appeal and there is no indication of the grounds of appeal in the petition of 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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