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(영문) 대법원 2015.11.17 2015도12912
지방교육자치에관한법률위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found the Defendant guilty of all the charges of this case (excluding the part not guilty and the part not guilty of the grounds) on the grounds indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by misapprehending the legal doctrine on the discretion of the statement and confession, or by misapprehending the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules

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 amount of punishment is unreasonable

2. Examining the reasoning of the judgment of the court below in light of the records, it is just to maintain the judgment of the court of first instance which rendered a verdict of innocence (including acquittal in the grounds for appeal) by deeming that there is no proof of crime against the defendant as to the facts charged (excluding the part concerning the charge) of this case on the grounds of its stated reasoning. Contrary to the allegations in the grounds of appeal, there is no error of law

On the other hand, the prosecutor appealed against the guilty portion of the judgment of the court below, but does not state the grounds for objection to this portion in the petition of appeal and appellate brief.

3. Therefore, 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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