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(영문) 대법원 2015.06.11 2015도5273
명예훼손등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of intimidation against the victim E among the facts charged of this case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules, or by misapprehending

In addition, the argument that the judgment of the court below erred in violation of the principle of balance of punishment or the principle of responsibility by failing to exhaust all deliberation on the conditions of sentencing, is ultimately an allegation 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 is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the determination of punishment is unfair is not legitimate grounds for 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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