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(영문) 대법원 2020.02.21 2020도229

강제집행면탈등

Text

The appeal is dismissed.

The judgment below

Pursuant to Part 14, 5, 9, 6, and 20 of the 2nd page, “Before February 14, 2016” shall be construed as “Before February 2016.”

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a more minor sentence was imposed on the defendant, the argument that the court below erred in finding evidence selection and probative value or finding facts based on it, or that it points out the misapprehension of legal principles based on the facts acknowledged by the court below, cannot be a legitimate ground for appeal.

Therefore, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since there is an obvious error in the reasoning of the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

February 21, 2020