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(영문) 대법원 2014.08.20 2014도6603
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 by the court below and the first instance court, it is just for the court below to have found the Defendant guilty of the facts charged in the instant case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there is no error of law by misapprehending the legal principles on the report and acceptance in the crime of violating the Act

In addition, the argument that the court below exceeded the inherent limits of sentencing discretion based on the principle of balanced criminal punishment or the principle of responsibility in sentencing constitutes an allegation of unfair sentencing.

However, 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 fine is imposed against the defendant, the argument that the amount of punishment is unreasonable

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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