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(영문) 대법원 2021.03.11 2021도334

절도등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Of the instant facts charged, the lower court found the Defendant guilty of the 2018 Highest 2120 highest 2120 and the 2019 highest 5847 highest 2019 lower judgment.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on larceny and the establishment of fraud.

According to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable 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 on the bench.