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(영문) 대법원 2013.12.12 2013도11624
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal that the state appointed defense counsel was not properly assisted in the trial proceedings of the court below shall not be accepted in light of the contents and degree of the defense activities conducted by the state appointed defense counsel in the court below.

In addition, pursuant to 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 more 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 amount of punishment is unreasonable

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as alleged by the Defendant.

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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