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(영문) 대법원 2018.04.12 2017도20776
아동ㆍ청소년의성보호에관한법률위반(위계등간음)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty of the facts charged of this case (except for the part without charge) on the grounds stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below 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 principles on admissibility of secondary evidence obtained based on illegally collected evidence, credibility of the victim's statement, and correction of judgment

In addition, the argument that the court below's determination of sentencing is erroneous in its determination of sentencing is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparagraph 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, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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

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