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(영문) 대법원 2020.12.10 2020도13434
공전자기록등불실기재등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant, who is the charge modified by the lower court, of making false entries, such as each official electronic record, and of holding each false entry and electronic record.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on the binding force of judgment of remand, changes in indictments, and the crime of false entry into public electronic records, etc.

The argument that the judgment of the court below contains an error of incomplete deliberation on basic facts for sentencing is ultimately an allegation of unfair sentencing.

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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