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(영문) 대법원 2013.04.26 2013도2443
현주건조물방화미수
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the court below and the first instance court in light of the evidence duly admitted, it is just to find the facts charged in this case guilty on the grounds as stated in its reasoning. In so doing, the court below did not err by misapprehending the legal principles as to the intention of the crime of the present building or fire prevention beyond the bounds of the principle of logic and experience and free evaluation

In addition, under 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 not less 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 sentencing of

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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