(영문) 대법원 2019.5.10. 선고 2019도3060 판결

On the grounds indicated in its reasoning, the lower court convicted the Defendant of the instant facts charged (excluding the part not guilty in the grounds of appeal). Examining the reasoning of the lower judgment in light of relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence inconsistent with logical and empirical rules, or by misapprehending

In addition, the argument that the lower court erred in violation of the principle of no punishment without prison labor and the conditions of sentencing under Article 51 of the Criminal Act constitutes an allegation of unfair sentencing. However, under Article 383 Subparag. 4 of the Criminal Procedure Act, an appeal on the ground 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 is imposed. In this case where the lower court rendered a more minor sentence against the Defendant, the argument that the amount of the

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