logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.06.25 2019도14876
성매매알선등행위의처벌에관한법률위반(성매매알선등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court reversed the first instance judgment convicting the Defendant on the violation of the Act on the Punishment of Acts of Arranging Sexual Traffic (i.e., arranging sexual traffic) among the facts charged in the instant case on the grounds that there is no proof

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 the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the credibility of confession

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, the prosecutor did not state legitimate grounds of appeal in the petition of appeal as to the guilty portion and did not state the grounds of appeal.

2. The court of final appeal may examine and determine the Defendant’s final appeal only to the extent of objection filed by the grounds of final appeal. Therefore, the written ground of final appeal clearly states the grounds of final appeal and clearly state the specific grounds of violation of the law

Therefore, unless the appellate brief states such specific and explicit grounds of appeal, it cannot be deemed that legitimate grounds of appeal have been submitted.

(See Supreme Court Decisions 99Do513 Decided April 21, 200, 2000; 2001Do6750 Decided February 26, 2002, etc.). The Defendant did not submit a statement of grounds for appeal within the submission period, and did not state specific reasons on the petition of appeal. Thus, it cannot be deemed that the legitimate grounds for appeal have been submitted.

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

arrow