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(영문) 대법원 2021.02.25 2020도17757

폐기물관리법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the facts charged in the instant case and additionally collected KRW 101,251,150 from the Defendant pursuant to Articles 10(1) and 8(1) of the Act on Regulation and Punishment of Criminal Proceeds Concealment.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the calculation of additional collection charges.

The defendant's ground of appeal that the court below's decision that collected the full amount of the revenue even though the collection of the revenue of this case was voluntarily collected constitutes an unjust assertion of sentencing as to the collection of additional revenue.

According to Article 383, Paragraph 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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, 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.