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(영문) 대법원 2015.02.12 2014도16280
특정범죄가중처벌등에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court was justifiable to have found the Defendant guilty of the instant facts charged 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 failing to exhaust all necessary deliberations and by misapprehending the legal doctrine on the elements for establishing a joint principal offender and determining the probative value

In addition, all of the arguments that the court below erred in the misapprehension of the legal principles as to the admissibility judgment of illegally collected evidence and the principle of due process are not legitimate grounds for appeal, as they are asserted in the ground of appeal that the defendant did not regard it as grounds for appeal or as subject to ex officio judgment

Meanwhile, 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 more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unfair

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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