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(영문) 대법원 2019.07.10 2019도5565
절도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court affirmed the first instance judgment that acquitted the prosecutor on the charge of larceny on May 22, 2018 among the facts charged in the instant case, on the grounds indicated in its reasoning, on the ground that there is no proof of crime

The judgment below

Examining the reasoning in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the Defendant’s grounds of appeal, the argument that the lower court erred by misapprehending the legal principles under Article 51 of the Criminal Act by failing to exhaust all necessary deliberations on the basic facts of sentencing constitutes an allegation

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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