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(영문) 대법원 2015.02.26 2014도16277

특정범죄가중처벌등에관한법률위반(향정)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical

In addition, the argument that the court below erred by infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility in determining the punishment against the defendant constitutes the argument 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 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 punishment is too unreasonable is not a legitimate

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