beta
(영문) 대법원 2014.09.04 2014도7804

무고등

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 lower court was justifiable to have determined that all of the facts charged in the instant case was guilty on the grounds stated in its reasoning.

In so determining, the lower court did not err by misapprehending the legal doctrine on logic and experience or by misapprehending the relevant legal doctrine, contrary to what is alleged in the grounds of appeal.

Meanwhile, the argument that the judgment of the court below did not fully consider the favorable circumstances of the defendant 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 amount of the punishment is unreasonable, including

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