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(영문) 대법원 2016.01.14 2015도6456
도로교통법위반(음주운전)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below is erroneous in the incomplete deliberation of the basic facts for sentencing is ultimately an unfair argument for sentencing.

Therefore, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair 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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