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(영문) 대법원 2018.06.28 2017도20553
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)방조
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

In so doing, the lower court did not err by misapprehending the legal doctrine regarding aiding and abetting a crime by omission, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the judgment of the court below is erroneous in sentencing review is ultimately unfair.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where a minor sentence has been imposed against the Defendants is not a legitimate ground for appeal.

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

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