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(영문) 대법원 2017.12.28 2017도18682

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court that maintained the reasoning, the lower court did not err by either violating the principle of prohibition of double punishment or by misapprehending relevant legal principles, contrary to what is alleged in the grounds of appeal.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a fine is imposed against the defendant, the argument that the sentence 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.