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(영문) 대법원 2014.07.10 2014도5693

재물손괴등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on Defendant A’s grounds of appeal, Defendant A appealed against the judgment of the first instance, and only asserted unfair sentencing as the grounds for appeal.

In such a case, it is not allowed to appeal to the Supreme Court on the ground that there is an error of mistake or misunderstanding of legal principles.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less

Therefore, in this case where a more minor punishment is imposed against Defendant A, an appeal is not allowed to be filed with the Supreme Court on the grounds that the amount of punishment is unreasonable.

2. Examining the evidence adopted by the court of first instance, which was maintained by the court below as to Defendant B’s ground of appeal in light of the relevant legal principles, the court below’s finding Defendant B guilty of the facts charged in the instant case on

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on “waste”, “commercial waste” and “waste” in the crime of violating the Wastes Control Act.

In addition, the argument that the judgment of the court below erred in the misconception of facts or incomplete deliberation as to the intention of dumping food waste shall not be a legitimate ground for appeal, as it is alleged by Defendant B that it was the ground for appeal or that it was not subject to an ex officio determination by the court below.

In addition, even if examined ex officio, there is no error as alleged in the judgment below.

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