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(영문) 대법원 2015.09.10 2014도7572
정보통신망이용촉진및정보보호등에관한법률위반(음란물유포)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. As such, in this case where a fine is imposed against the Defendant, the allegation that punishment is too unreasonable

2. Examining the reasoning of the lower judgment on the grounds of appeal by the prosecutor in light of the relevant legal principles and records, it is justifiable to reverse the first instance judgment convicting the Defendants on the ground that the Defendants’ violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. (obscenity distribution) on October 19, 2012 constitutes double indictment, and to dismiss the public prosecution. 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

3. 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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