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(영문) 대법원 2018.12.28 2018도17159
공전자기록등불실기재등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the facts charged in this case for the reasons stated in its holding, and there was no error of law by misapprehending the legal principles as to the legitimate act as alleged in the grounds of appeal

The argument that the judgment of the court below contains an error of infringing on the essential contents of the principle of balance of crime or the principle of responsibility is ultimately an unfair argument for sentencing.

According to Article 383 (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 is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable 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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