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(영문) 대법원 2018.10.17 2018도13755

재물손괴등

Text

The appeal is dismissed.

The judgment of the court of first instance indicated in the judgment of the court of first instance is rendered on January 17, 2018.

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor sentence is imposed on the defendant, the grounds of appeal that misleads the defendant about violation of the rules of evidence and mistake of facts are merely disputing the judgment of the court below as to the choice of evidence and probative value or finding of facts based thereon, and thus, it is not a legitimate ground of appeal.

Therefore, the final appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since there is an obvious error in the indication of the judgment of the court of first instance in the judgment of the court below, it is decided to revise it in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by

October 17, 2018