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(영문) 대법원 2013.05.23 2012도16022
수질및수생태계보전에관한법률위반등
Text

The appeal is dismissed.

Reasons

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

1. Examining the grounds of appeal No. 1 in light of the reasoning of the lower judgment and the evidence duly admitted by the lower court, it is justifiable to maintain the first instance judgment convicting the Defendant of the instant facts charged on the grounds stated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on

2. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to the second ground for appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years is imposed. As such, the argument that the amount of punishment is inappropriate is not a legitimate ground for appeal.

3. The final appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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