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(영문) 대법원 2016.09.30 2016도11268

특정범죄가중처벌등에관한법률위반(도주차량)

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.

Contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or by misapprehending the legal principles on escape and relief measures in the crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing can be filed only for a case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced.

In this case where a fine is imposed against the defendant, the argument that punishment is unfair due to the failure of punishment is not a legitimate ground for appeal.

Other grounds of appeal are not legitimate grounds of appeal, since the defendant alleged as grounds of appeal, or the court below did not consider it as subject to judgment ex officio, for reasons of appeal.

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