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(영문) 대법원 2013.12.26 2013도13020
특정범죄가중처벌등에관한법률위반(도주차량)등
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 of the judgment below, the court below was just in finding the Defendant guilty of the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending the legal principles on the criminal intent of escape in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the violation of the Road Traffic Act

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 unreasonable

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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