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(영문) 대법원 2013.10.17 2013도7972

야간주거침입절도미수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the facts charged, and there were no errors in the misapprehension of the bounds of the principle of free evaluation of evidence against logical and empirical rules, or in the misapprehension of the legal principles as to the commencement of night intrusion theft.

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 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

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