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(영문) 대법원 2019.07.25 2019도7027
아동ㆍ청소년의성보호에관한법률위반(알선영업행위등)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to Defendant I’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

Defendant

In this case where I's minor punishment is imposed against I, the argument that punishment is too unreasonable is not a legitimate ground for appeal.

2. As to the grounds of appeal by Defendant M, the lower court convicted Defendant M of aiding and abetting the violation of the Act on the Protection of Children and Juveniles against Sexual Abuse (similar act) and violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged against Defendant M, on the grounds as stated

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 against logical and empirical rules, or by misapprehending the legal doctrine on the intention and aiding and abetting of confinement and joint principal offenders

As seen above, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

Defendant

In this case where a more minor sentence is imposed on M, the argument that the punishment is too unreasonable is not a legitimate ground 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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