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(영문) 대법원 2018.09.13 2018도11083
석유및석유대체연료사업법위반등
Text

All appeals are 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 Defendants guilty of the violation of the Petroleum and Petroleum Substitute Fuel Business Act among the facts charged in the instant case against the Defendants on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free conviction in violation of logical and empirical rules, or by misapprehending the legal doctrine on the degree of indirect proof,

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 Defendant B was sentenced to a more minor punishment, the argument that the punishment is unfair because it is too unreasonable is not a legitimate ground for appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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