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(영문) 대법원 2018.03.29 2017도21791
특정범죄가중처벌등에관한법률위반(도주차량)등
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 all of the facts charged in the instant case is guilty on the grounds indicated in its reasoning.

In conclusion, contrary to the allegations in the grounds of appeal, there is no error in the misapprehension of facts beyond the bounds of free evaluation of evidence against logical and empirical rules, or in the misapprehension of legal principles as to necessary measures in the occurrence of traffic accidents in the crimes of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (e.g., escape vehicles).

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. Thus, in this case where a more minor sentence is imposed against the Defendant, the argument that the Defendant’s 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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