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(영문) 대법원 2013.09.12 2013도7612
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly admitted by the first instance court, it is justifiable for the lower court to have convicted the Defendant of the facts charged in this case.

In doing so, there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal principles.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable cannot be a legitimate ground for appeal.

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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