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(영문) 대법원 2019.06.27 2019도5600
특정범죄가중처벌등에관한법률위반(도주치상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the facts charged in this case based on the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by violating Article 17 subparag. 7 of the Criminal Procedure Act concerning exclusion of judges and Article 18(1)2 of the Criminal Procedure Act

In addition, the judgment of the court below contains incomplete deliberation on the grounds for sentencing, violation of the rules of evidence and mistake of mistake.

The allegation that the lower court’s determination of sentencing did not fully consider the grounds of Article 51 of the Criminal Act is an unreasonable sentencing argument.

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 against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground 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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