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(영문) 대법원 2015.08.13 2015도9066

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

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).

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the court below was just in finding the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.) or by misapprehending the legal principles as to the

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's mental and physical argument on the grounds of its stated reasoning, and there is no violation

In addition, the argument that the court below erred in violation of Article 51 of the Criminal Act as a result of failing to exhaust all necessary deliberations on the grounds for sentencing reference in sentencing constitutes the allegation of unfair sentencing.

However, under 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 not less 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 punishment

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.