2019Do14119 Violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (person who is a deceptive scheme)

Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed (head)

【Ethical deceptive means, etc.】

A person shall be appointed.

Defendant

Attorney national Man-sik (Korean national ship)

Seoul High Court Decision 2019No1262 Decided September 19, 2019

November 28, 2019

The appeal is dismissed.

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court convicted the Defendant of the instant facts charged. Examining the reasoning of the lower judgment in light of the relevant legal doctrine and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, misapprehending the legal doctrine on the establishment of the crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. In this case where a more minor sentence has been imposed on the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for

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

Justices Kim Jae-hyung

Justices Jo Hee-de

Justices Min You-sook

Note Justice Lee Jae-won, Justice Lee Dong-won