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(영문) 대법원 2019.7.19.자 2019도7759 결정
가.성폭력범죄의처벌등에관한특례법위반(카메라등이·용촬영인정된죄명정보통신망이용촉진및정보보·호등에관한법률위반(음란물유포)]·나.야간건조물침입절도·다.절도·라.건조물침입·마.야간주거침입절도·바사기·사컴퓨터등사용사기
Cases

Do 2019 Do 7759 A. Violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (Kameras et al.)

(2) facilitate the use of the information and communications network of the name of the crime, the recording of which has been recognized; and

Violation of the Act on the Protection, etc. (Distribution of obscenity)

(b) Larceny of intrusion on night buildings;

(c) Larceny;

(d) Intrusion upon a structure;

(e) Night intrusion theft;

Ba-Fraud

(g) Fraud for computer copying;

Defendant

A

Appellant

Defendant

Defense Counsel

Attorney Kim Yong-deok (Korean Office)

Judgment of the lower court

Ulsan District Court Decision 2018No 1075, 1195 (Joint Judgment) Decided May 16, 2019

Text

The appeal shall be dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case of death penalty, imprisonment with prison labor for life or for not less than ten years, or imprisonment without prison labor, an appeal for the reason of unfair sentencing is allowed. The assertion that Defendant A’s appeal to the purport that it is unfair because it is too unreasonable in the instant case, which has been sentenced to a more minor punishment than that, is unfair 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.

Imposition of Judgment

July 19, 2019

Justices Park Jae-young

Justices Lee Ki-taik

Justices Kwon Soon-il

Justices Park Jung-hwa

Jeju High Court Justice Kim Jong-soo

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