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(영문) 대법원 2015.09.10 2015도9544
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the unlawful use of the motor vehicle among the facts charged in this case for the reasons stated in its holding. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to the establishment of the unlawful use of the motor vehicle or by misapprehending

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable

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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