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(영문) 대법원 2015.01.29 2014도15595
무고등
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 all of the charges of this case, with the reasons and circumstances stated in its holding, and there is no error of law by misunderstanding facts in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below erred in the misconception of facts as to the violation of the Food Sanitation Act shall not be a legitimate ground for appeal, since the defendant's ground for appeal is a ground for appeal, or the court below's decision does not have any ground for appeal.

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

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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