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(영문) 대법원 2018.02.08 2017도13342
가축분뇨의관리및이용에관한법률위반
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 was justifiable to have determined that the instant facts charged was guilty on the grounds as indicated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the interpretation of the Act on the Management and Use of Livestock Excreta and the Enforcement Decree thereof, or by violating the principle of statutory penalty

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, an 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 sentence 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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