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(영문) 대법원 2015.07.09 2015도5657
도로교통법위반(무면허운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on its grounds as stated in its reasoning. In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of presumption

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 on the defendant, the argument that the sentencing of the

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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