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(영문) 대법원 2016.09.28 2016도9445
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant B’s appeal, the above Defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of the appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal against the lower judgment.

In addition, pursuant to 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 may be filed on the grounds of unfair sentencing. Thus, the argument that the above defendant's punishment is too unreasonable is not a legitimate ground for appeal.

2. Defendant C’s grounds for appeal should be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the selection of evidence and the probative value of evidence, which is based on the premise of fact-finding, belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). For the reasons indicated in its reasoning, the lower court determined that the Defendant, who is a juvenile, paid consideration to He and had sexual intercourse, and found the Defendant guilty of this part of the facts charged without accepting the allegation of grounds for appeal as to mistake of facts or misapprehension of legal principles.

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely an error in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even if examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, but did not err by exceeding the bounds of the principle of free evaluation in violation

3. Therefore, all appeals are to be filed.

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