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(영문) 대법원 2016.07.07 2016도6542
경범죄처벌법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of all the charges of this case on the grounds stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the legal principles

In addition, the argument that the defendant was in a state of mental disorder or mental or physical weakness at the time of the offense of insult among the facts charged of this case is not the defendant's ground for appeal or the court below was not subject to judgment ex officio, and therefore, the ground of appeal that there was an error of misunderstanding

subsection (b) of this section.

In addition, pursuant to Article 383, Paragraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for final 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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