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(영문) 대법원 2013.08.22 2013도7051

모욕

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 court below, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence

Meanwhile, the argument of misunderstanding of facts as to sentencing conditions in the grounds of appeal is ultimately an argument of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. As such, the argument that the sentencing of the sentence is unfair against the defendant does not constitute a legitimate

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