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(영문) 대법원 2014.02.27 2013도15587
주거침입등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court’s determination that all of the facts charged in the instant case (excluding the part on which the first instance court acquitted the Defendant) is guilty is justifiable.

In so determining, the lower court did not err by misapprehending the legal doctrine on facts, misapprehending the relevant legal doctrine, or omitting judgment without exhaust all necessary deliberations as alleged in the grounds of appeal.

In addition, pursuant to 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 more 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 punishment is too unreasonable cannot be

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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