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(영문) 대법원 2019.10.18 2019도10091
영화및비디오물의진흥에관한법률위반
Text

All appeals are dismissed.

Reasons

We examine the grounds of appeal.

For the reasons indicated in its holding, the lower court convicted the Defendants of the charges.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, 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 interpretation of Article 3-4 of the Promotion of the Motion Pictures and Video Products Act, or by misapprehending the legal doctrine on the interpretation of Article

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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the Defendants, the argument that the punishment is too unreasonable 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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