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(영문) 대법원 2018.07.24 2018도5651

항만운송사업법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted by the court below, it is just to determine that the facts charged in this case is guilty, and contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the scope of application under Article 16 of the Criminal Act or Article 1 (2) of the Criminal Act.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the Defendants, the argument that the amount of punishment is unfair is not legitimate grounds for appeal

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