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(영문) 대법원 2015.04.23 2015도2841
아동ㆍ청소년의성보호에관한법률위반(강제추행)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 is just in finding the Defendant guilty of violating the Act on the Protection of Children and Juveniles against Sexual Abuse among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to what is alleged in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued only mistake of facts and unreasonable sentencing as the grounds for appeal concerning the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse.

In this case, the argument that the judgment of the court below did not recognize the defendant's mental disorder as to this part of the crime does not constitute a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of 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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