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(영문) 대법원 2017.11.14 2017도13403
물류시설의개발및운영에관한법률위반
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, the lower court was justifiable to have determined that the Defendant was guilty of the instant facts charged.

The lower court did not err in its judgment by misapprehending the legal doctrine regarding Article 51(1) and Article 2 subparag. 8(e) of the Act on the Development and Operation of Logistics Facilities and Article 2 subparag. 2-2 of the Enforcement Decree of the same Act, or by violating the principle of protection of trust and good faith or by infringing on property rights under the Constitution, contrary to what is alleged in the grounds of appeal.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a fine is imposed against the defendant, the argument that the sentence is too 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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