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(영문) 대법원 2018.03.29 2018도1124
절도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of the prosecutor’s appeal, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that the ground of the prosecutor’s appeal constituted a case where there is no proof of a crime as to the following facts: (a) the charge of intrusion upon each house and attempted larceny in the attached Table 1, 2, and 4 of the crime committed in the instant indictment No. 2017 Highest 656.

In light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the rules of reinforcement of confession.

The Prosecutor also appealed the guilty portion of the judgment of the court below, but does not contain any grounds of appeal as to the petition of appeal or the reasoning of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by the defendant, 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 based on unfair sentencing is allowed. Thus, the argument that the amount of the punishment is unfair in this case where the defendant was sentenced to a more minor punishment is not a legitimate ground for

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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