특정범죄가중처벌등에관한법률위반(위험운전치사)등
The appeal is dismissed.
The grounds of appeal are examined.
For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted of the instant facts charged.
The judgment below
Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (hereinafter “Aggravated Punishment Act”) (a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes) and a violation of the Act on the
The argument that the judgment of the court below contains an error of law in misunderstanding the legal principles on sentencing guidelines is ultimately unfair.
According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.
In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.