beta
(영문) 대법원 2017.10.26 2017도12697

특수상해

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, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to "hazardous goods" in the crime of special bodily injury in violation of logical and empirical rules, thereby exceeding the bounds of the principle of free evaluation of evidence.

In addition, the argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the sentence 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.