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(영문) 대법원 2018.01.25 2017도18031
교통사고처리특례법위반(치사)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

In the instant case where a more minor sentence was imposed against the Defendant, the Defendant’s allegation of the grounds of appeal, which led to the failure of trial, violation of the rules of evidence, mistake of facts, misunderstanding of legal principles, etc., is merely a dispute over the determination of the lower court’s choice and probative value, which actually belongs to the free judgment of the fact-finding court, or the recognition of facts based on them

In addition, even if examining the record, the court below did not err by violating the law regarding the selection of a national defense counsel or by infringing the defendant's right to defense, as alleged in the grounds of 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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