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(영문) 대법원 2013.05.09 2013도2335
산지관리법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. According to the records on Defendant A’s grounds of appeal, Defendant A asserted mistake of facts with the grounds of appeal against the judgment of the first instance, while appealed from the judgment of the first instance, but withdrawn the assertion of mistake of facts on the date of the first trial of the original instance, and left the ground of unfair sentencing only as the grounds of appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, even if the record is examined, it cannot be viewed that the judgment of the court below has an illegal ground that may affect the judgment, such as violating the rules of reinforcement of confessions, as alleged in the above.

2. Examining the grounds of appeal by Defendants B, C, and D in light of the lower judgment and the evidence duly admitted by the lower court, the lower court was justifiable to have found Defendant B, C, and D guilty of the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on cases where permission for conversion of mountainous district was obtained by false or other unlawful means as provided in Article 53

In addition, 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. As such, in this case where a more minor sentence has been imposed on Defendant B, the argument that the amount of punishment is unreasonable

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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