logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.09.28 2016도10437
특수협박등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Review of the record on the grounds of appeal by the Defendant reveals that the Defendant asserted only unfair sentencing based on the grounds of appeal against the first instance judgment.

In such a case, the argument that the lower court erred by misapprehending the legal principles, or by not recognizing mental or physical weakness, as to special intimidation and intrusion of a structure among the facts charged in the instant case does not constitute a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

2. Examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have acquitted the public prosecutor on the ground that there was no evidence of crime regarding the preparation of the existing structure and fire prevention among the facts charged in the instant case, on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free ex

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

arrow