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(영문) 대법원 2013.12.12 2013도12246
무고
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there is no violation of the rules of logic and experience and free evaluation of evidence.

On the other hand, the argument in the grounds of appeal concerning the sentencing conditions is the argument of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case 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, the argument that the amount of punishment is unfair is not a legitimate ground 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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