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(영문) 대법원 2013.07.11 2013도5871

공갈등

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, it is just for the court below to find the Defendant guilty of the conflict among the facts charged in this case on the grounds as stated in its reasoning. There is no error of law by misapprehending the law of logic and experience and free evaluation of evidence, or by misapprehending the legal principles as to the crime of attack and conflict, or by misapprehending

In addition, pursuant to 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 more 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 amount of punishment is unreasonable

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