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(영문) 대법원 2016.08.18 2016도6597
정보통신망이용촉진및정보보호등에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the charge of this case was guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. due to the infringement and

In addition, the argument that the court below erred in the misapprehension of legal principles as to errors in law is not a legitimate ground for appeal, as the defendant asserts that there is no ground for appeal or that there is no ground to judge ex officio.

Meanwhile, the argument that the judgment of the court below contains an error of law that deviates from the limit of sentencing discretion is ultimately unfair.

Therefore, under Article 383 subparagraph 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, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair 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.

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