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(영문) 대법원 2015.04.23 2015도1223
도로교통법위반(음주운전)등
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 June 12, 2014.

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 was just in finding the Defendant guilty of embezzlement among the facts charged in this case and of fraud against the victim G on the grounds as stated in its reasoning. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench, on the ground that there is an obvious error in the indication of the judgment of the first instance.

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