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(영문) 대법원 2017.04.13 2017도1802
공직선거법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Review of the record on the grounds of Defendant A’s appeal reveals that Defendant A appealed against the judgment of the first instance, and Defendant A asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the judgment below erred in the calculation of facts, misunderstanding of legal principles, and additional collection cannot be a legitimate ground for appeal.

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

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted by the lower court and the first instance court, it is justifiable for the lower court to have found Defendant B guilty of all of the facts charged in this case on the grounds stated in its reasoning. In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by misapprehending the relevant legal doctrine, contrary to logical and empirical rules.

In addition, pursuant to Article 383 subparagraph 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, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where Defendant B’s minor punishment is imposed, 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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