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(영문) 대법원 2013.09.12 2013도6775
건조물침입등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of grounds of appeal that the crime of this case is dismissed as a justifiable act, and the court below decided that the defendant's grounds of appeal are limited to unfair sentencing, although the defendant did not have withdrawn his argument on the date of trial at the court below.

The defendant asserts the same purport as the grounds for appeal, which includes the argument that the court below omitted the judgment on the above grounds for appeal.

However, according to the evidence adopted by the court of first instance maintained by the court below, since there is no reason to avoid illegality in the crime of this case, the omission of judgment by the court below does not affect the judgment.

Ultimately, this part of the grounds of appeal cannot be accepted.

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, an appeal to the Supreme Court is not allowed on the grounds of the allegation that the amount of punishment is unreasonable.

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

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