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(영문) 대법원 2018.12.28 2018도16788
특정범죄가중처벌등에관한법률위반(운전자폭행등)
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, the lower court is justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning. In so doing, contrary to the allegations 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, by failing to exhaust all necessary deliberations, or by misapprehending the legal doctrine on injury to a crime in violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic assault, etc.

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 a more minor sentence is imposed against the defendant, the argument that the sentence 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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