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(영문) 대법원 2014.04.24 2014도3107
성폭력범죄의처벌등에관한특례법위반(통신매체이용음란)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about the mental disorder on the grounds of its stated reasoning is just, and there is no error of law by mistake of facts or misapprehension of legal principles as to the mental disorder caused by shock adjustment disorder as alleged in the ground of

In addition, the argument that the court below erred in infringing on the basic contents of the principle of balance in crime and the principle of responsibility in sentencing against the defendant is ultimately an assertion of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where the court rendered a more minor sentence against the defendant, the argument that the amount of the punishment is unfair and the argument that the

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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