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(영문) 대법원 2021.01.28 2020도14615
성폭력범죄의처벌등에관한특례법위반(13세미만미성년자위계등추행)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the Defendant case, the lower court convicted the Defendant of the instant facts charged on the grounds as 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 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 exclusion of illegally collected evidence.

Although the court below asserts to the effect that the defendant violated the principle of trial on evidence, the principle of exclusion from confession, and the principle of reinforcement of confession, it is not a legitimate ground for appeal since the defendant asserted in the court of final appeal that the defendant did not use it as the ground for appeal or as the object of judgment ex officio.

B. Even in light of the relevant legal principles and records, the lower court did not err in its judgment by misapprehending the legal principles on the principle of trial on evidence, the principle of exclusion from confession, and the rules of reinforcement of confession.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that punishment is too unreasonable is not a legitimate ground for final appeal.

2. As to the claim for protection observation order, in a case where the defendant files an appeal against the defendant's case, the appeal shall be deemed to have been filed in respect of the claim for protection observation order.

However, there is no indication of the reason in the petition of appeal and there is no reason for the appeal as well as the reason 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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