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(영문) 대법원 2019.02.14 2018도19207

도로교통법위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In this case, there is an error in investigation procedure.

The argument that the judgment of the court below contains an error of mistake, etc. shall not be a legitimate ground for appeal.

In addition, according to 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, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be a legitimate ground for appeal.

On the other hand, the issue of whether to accept the application for examination of evidence falls under the discretion of the court, and even if the court below did not accept the defendant's application for an order to submit documents,

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