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(영문) 대법원 2020.05.14 2020도2749

성폭력범죄의처벌등에관한특례법위반(카메라등이용촬영)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court’s order to disclose and notify personal information for three years is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the disclosure and notification order

In addition, the argument that the judgment of the court below contains an error of law such as incomplete deliberation and mistake of facts constitutes an unfair sentencing argument.

However, 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the 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.