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(영문) 대법원 2014.06.12 2014도4228
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant A guilty of all of the facts charged in the instant case on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations and by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules and by exceeding

In addition, pursuant 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 more 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 against Defendant A, the argument that the punishment is too unreasonable is not a legitimate

2. Examining the reasoning of the lower judgment as to Defendant G’s grounds of appeal in light of the evidence duly admitted by the lower court and the first instance court, the lower court’s determination that Defendant G is guilty of all of the facts charged in the instant case on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by failing to exhaust all necessary deliberations and by exceeding

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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