A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Egresing Vehicles)

(b) A violation of the Road Traffic Act;

A:

Defendant and Prosecutor

Attorney B (Korean National Assembly)

Daejeon High Court (Cheongju) Decision 2015No105 decided December 17, 2015

March 24, 2016

All appeals are dismissed.

The grounds of appeal are examined.

1. As to the Defendant’s grounds of appeal, the argument that the lower court erred by applying the sentencing guidelines to the lower judgment constitutes an allegation of unfair sentencing. However, pursuant to Article 383 subparag. 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 is allowed. As such, the argument that the sentencing sentencing of the Defendant is unfair is not legitimate

2. As to the Prosecutor’s ground of appeal

Examining the reasoning of the judgment below in light of the records, the court below is just in finding the changed facts charged in this case as having no proof of such crime, and it did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, contrary to the allegations in the grounds of appeal

3. Conclusion

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Park Poe-young

Justices Park Byung-hee

Justices Kim Jae-han

Justices Kwon Soon-il