성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court convicted him of violating the Act on Special Cases Concerning the Punishment, etc. of Certain Sexual Crimes (obscenity using communications media).
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity
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. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot be
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.