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(영문) 대법원 2013.04.25 2013도2530
주거침입등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of each of the facts charged of this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience or free evaluation of evidence, by exceeding the bounds of the principle of evidence trial or strict certification, by misapprehending the legal principles as

In addition, the court below's assertion that there was an error of infringing on the essential contents of the principle of balance of crime or the principle of responsibility in sentencing against the defendant is ultimately an assertion of unfair sentencing. According 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 not less than ten years is declared, an appeal on the ground of unfair sentencing is allowed. Thus, in this case where the defendant was sentenced to a more minor sentence of ten months, the argument that the amount of punishment is unfair

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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