beta
(영문) 대법원 2013.11.28 2013도10561

절도등

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 by a defense counsel).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was justified in finding the Defendant guilty of the facts charged and rejected the Defendant’s assertion of justifiable acts on the grounds as stated in its reasoning. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical

Meanwhile, in the grounds of appeal, the argument of mistake of facts or incomplete deliberation as to the sentencing conditions is ultimately an allegation of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in the case where a more minor sentence has been imposed on the defendant, the argument that the amount of

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