beta
(영문) 대법원 2019.03.14 2018도20644

무고등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine as to the crime of false accusation beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the legal doctrine, contrary to what is alleged in the grounds of appeal.

The argument that the lower court’s sentencing violates Article 51 of the Criminal Act constitutes an allegation of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal 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.