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(영문) 대법원 2014.11.27 2014도12319
아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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

There is no error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or violating the presumption of innocence without exhausting all necessary deliberations.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only when the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a fine is imposed against the defendant, the argument that the sentence is too unreasonable 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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