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(영문) 대법원 2021.02.04 2020도15945
비료관리법위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the Prosecutor’s appeal, the lower court acquitted the Prosecutor on the ground that the part of the instant facts charged, such as the electronic records, etc. pertaining to Nos. 4 through 7 of the crime sight table, and the electronic records of the above writers, constitutes a case not constituting a crime, and acquitted him/her.

The judgment below

Examining the grounds of appeal in light of the relevant legal principles and the record, there was no error of misapprehending the legal principles regarding “culping” in the crime of writing, such as private electronic records, and the “culping” in the electronic records of the above author.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the grounds for appeal by the defendant, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

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

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

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