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(영문) 대법원 2013.06.27 2013도4790

특정범죄가중처벌등에관한법률위반(절도)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the court below, the court below was just in finding the defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapons, etc.). In so doing, the court below did not err by failing to exhaust all necessary deliberations or by misapprehending the legal principles on "hazardous goods" in the crime of violation of the Punishment of Violences, etc. Act (collective weapons, etc.) beyond the bounds of the principle of free evaluation of evidence, or by misapprehending

In addition, 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 unreasonable is unreasonable is

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