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(영문) 대법원 2014.05.29 2014도3759

위증교사

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 by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. In so doing, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence

In addition, the argument that the court below, among the grounds of appeal, failed to exhaust all necessary deliberations on the determination of punishment, thereby infringing on the essential contents of the principle of liability constitutes an unreasonable sentencing.

However, under 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 more than ten years is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

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