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(영문) 대법원 2017.02.15 2016도19712

정보통신망이용촉진및정보보호등에관한법률위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the judgment of the court below that found the Defendant guilty of the facts charged in this case on the grounds stated in its reasoning is justified.

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles regarding concurrent crimes under Article 37 of the Criminal Act and the time when the judgment became final and conclusive, etc.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

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.

참조조문