(영문) 대법원 2013.9.26.선고 2013도9261 판결

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the lower judgment, the lower court’s determination of conviction of all the facts charged in the instant case on the grounds stated in its reasoning is justifiable (see, e.g., Supreme Court Decision 2011Do3898, Jun. 10, 201; Constitutional Court Decision 2006Hun-Ba94, Nov. 27, 2008; 2007Hun-Ba19, Nov. 27, 2008). In so doing, the lower court did not err by violating the Constitution or by misapprehending the legal doctrine on the defendant’s right to defense and sentencing guidelines, etc.

In addition, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only where the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where the defendant was sentenced to a more minor punishment, the argument that the amount of punishment is unfair

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