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(영문) 대법원 2016.02.18 2015도19934
공갈미수교사등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant A’s appeal, Defendant A appealed against the judgment of the first instance, and only asserted the unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, the argument that the court below erred in the violation of the principle of balance of crime or the principle of accountability in sentencing is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparag. 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 may be filed on the grounds of unfair sentencing. As such, in this case where Defendant A was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. Examining the reasoning of Defendant B’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant B guilty of all the charges of this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or by misapprehending the legal doctrine on intentional act, admissibility of evidence, etc. in the crime of coercion or intimidation, or by failing to exhaust all necessary deliberations or omitting judgment

In addition, the argument that the court below's determination of sentencing contains an error of law by misunderstanding legal principles or incomplete deliberation on the circumstances is ultimately an unfair argument for sentencing.

Accordingly, under Article 383 subparag. 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, a final appeal may be filed on the grounds of unfair sentencing. As such, the amount of punishment imposed on Defendant B is determined in this case where a more minor sentence was imposed.

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