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(영문) 대법원 2016.11.25 2016도13735
정보통신망이용촉진및정보보호등에관한법률위반(정보통신망침해등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, the lower court’s determination that all of the facts charged in the instant case is guilty on the grounds stated in its reasoning is justifiable, and contrary to the allegations in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations or omitting judgment.

In addition, the argument that the judgment of the court below contains an error of law in misunderstanding of facts or misunderstanding of legal principles as to naval investigation is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that

Meanwhile, under 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 more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unreasonable

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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