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(영문) 대법원 2013.08.22 2013도7410

특정범죄가중처벌등에관한법률위반(절도)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the court below was just in finding the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning, and it did not err by failing to exhaust all necessary deliberations and exceeding the bounds of the principle of free evaluation of evidence against the law of logic and experience.

In addition, the court's decision to adopt the application for examination of evidence may choose not to investigate it when it deems it unnecessary at the discretion of the court (see Supreme Court Decision 2003Do3282, Oct. 10, 2003). Thus, the court below did not adopt the defendant's application for examination of evidence.

Thus, it cannot be deemed unlawful.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the sentencing of the sentence

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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