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(영문) 대법원 2013.09.12 2013도6331

정보통신망이용촉진및정보보호등에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that all charges of this case (excluding the part not guilty by the court of first instance) were found guilty on the grounds as stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, there were no errors by failing to exhaust all necessary deliberations or by misapprehending the legal principles on self-defense, or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, pursuant 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, and thus, in this case where a fine has been imposed against the defendant, the argument that the punishment is too unreasonable

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