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(영문) 대법원 2013.10.24 2013도10124
위증등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Examining the grounds of appeal by Defendant A in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in finding the Defendant guilty of aiding and abetting a criminal suspect among the facts charged against the Defendant for the reasons stated in its judgment, and contrary to what is alleged in the grounds of appeal, the court below did not err in the misapprehension of legal principles as to special exception among relatives under

Meanwhile, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility constitutes an allegation of unfair sentencing.

According to Article 383 subparagraph 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

2. According to the records as to Defendant C’s grounds of appeal, the Defendant appealed against the first instance judgment, and asserted a mistake of facts, along with the grounds of appeal, on the grounds of unfair sentencing, but withdrawn the grounds of appeal for mistake of facts on the first day of the lower judgment, and left the grounds of unfair sentencing as the grounds of appeal

In this case, the argument that the judgment of the court below contains a violation of the rules of evidence or a misapprehension of the legal principles as to habitual nature of gambling is not a legitimate ground for appeal.

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

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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