(영문) 대법원 2017.10.12 2017도12088 | 리걸엔진

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(영문) 대법원 2017.10.12 2017도12088

성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparagraph 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, an appeal may be filed on the grounds that the judgment of the court below affected the conclusion of the judgment because of serious mistake of facts or that the amount of the punishment is extremely unfair, only for cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been sentenced

Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the argument that the lower court simply contests the recognition of facts and the selection of evidence, or that the punishment is too unreasonable without any specific assertion on the grounds of violation of law, etc. of the lower judgment cannot be a legitimate ground for appeal.

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have maintained the first instance judgment which acquitted the public prosecutor on the charge of violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (obscenity using communications media) among the instant facts charged, on the grounds stated in its reasoning. In so doing, 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 against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on Special Cases Concern

On the other hand, the prosecutor appealed against the acquittal portion of the judgment of the court below, but the prosecutor did not state the grounds for objection against the intimidation Nos. 1, 2, and 3 of the judgment of the court of first instance among the facts charged in this case.

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

참조조문

-성폭력범죄의 처벌 등에 관한 특례법

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