성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court sentenced the suspension of the execution of imprisonment with prison labor, and ordered the Defendant to restrict the employment of children and juveniles-related institutions and welfare facilities for the disabled.
The judgment below
Examining the reasoning in light of the relevant legal doctrine 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 notification of obligation to submit personal information and employment restrictions.
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 is imposed, an appeal on the grounds of unfair sentencing is allowed.
In this case where a more minor sentence is imposed on 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.