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(영문) 대법원 2013.04.11 2013도1987
도로교통법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below and the court of first instance maintained by the court below in light of the evidence duly admitted, it is acceptable to find the court below guilty of the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its reasoning. There is no error of law by exceeding the bounds of the principle of free evaluation of evidence against the logical and empirical rules, or by misapprehending the legal principles on escape from the crime of violation of the Act on the Aggravated Punishment

Meanwhile, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a lower sentence was imposed on the defendant, the argument that the amount of punishment is unreasonable is not a legitimate

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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