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(영문) 대법원 2015.05.14 2015도3125

정보통신망이용촉진및정보보호등에관한법률위반(명예훼손)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly adopted and examined by the court below and the first instance court, the court below was just in finding the Defendant guilty of all the facts charged of this case on the grounds as stated in its holding, and there is no violation of law of free evaluation of evidence against logical and empirical rules.

In addition, 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

In this case where a fine is imposed against the defendant, the argument that the amount of punishment is inappropriate shall not be 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.