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(영문) 대법원 2015.02.12 2014도14036
개인정보보호법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles as to mistake of facts, incomplete deliberation, and admissibility of illegally collected evidence is not a legitimate ground for appeal.

Furthermore, ex officio examination does not contain any error as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below violates the principle of equality in sentencing is ultimately an argument of unfair sentencing.

However, 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed against the defendant, the argument that the amount of the sentence

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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