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(영문) 대법원 2018.12.13 2018도16043
특정범죄가중처벌등에관한법률위반(도주치상)
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 is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, it did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the relevant legal doctrine,

The court below did not accept the defendant's application for examination of evidence or the request for the selection of a national defense counsel because it is a matter belonging to the court's discretion and this case is not a requisite attorney.

Even if it is illegal, it cannot be said that it is illegal.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

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.

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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