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(영문) 대법원 2015.12.10 2015도15863
정보통신망이용촉진및정보보호등에관한법률위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground of appeal.

Furthermore, the argument that the sentencing of the court below is improper is not legitimate in the case where the supplemental appellate brief was not timely filed and the death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced.

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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