beta
(영문) 대법원 2018.07.12 2018도5590

항만운송사업법위반

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding the legal principles on the scope of application under Article 1(2) of the Criminal Act or Article 1(2) of the Criminal Act.

In addition, pursuant 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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the Defendants.

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