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(영문) 대법원 2015.09.15 2015도10206
정보통신망이용촉진및정보보호등에관한법률위반
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, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. as stated in the annexed crime Nos. 2 through 6 of Seoul Central District Court 2014Kadan8400, among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles on the meaning of personal information

In addition, pursuant to 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 more 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

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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