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(영문) 대법원 2016.02.18 2015도19839
현주건조물방화예비등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the preliminary violation of the present state building and fire prevention among the charges of this case on the grounds stated in its reasoning, and there was no error of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal principles on the purpose of fire prevention, as alleged in the grounds of

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 more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate

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

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