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(영문) 대법원 2016.09.28 2016도10887
특정범죄가중처벌등에관한법률위반(장물)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding that the court below was guilty of the acquisition of stolen stolen property at least 16,17,23 times a year in the list of crime No. 1 of the judgment of the court of first instance among the facts charged in this case on the grounds in its reasoning, and contrary to the allegations in the grounds of appeal, it did not err by exceeding the bounds of free evaluation of evidence in violation of logical

In addition, among the facts charged in this case, the argument that there was an error of misunderstanding of the legal principles or misunderstanding of the fact that the defendant alleged as the ground for appeal only after the lapse of the period for filing an appeal, among the facts charged in this case, the judgment of the court of first instance is not a legitimate ground for appeal, and there is no error of incomplete deliberation or omission of judgment as to the grounds for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of the sentence is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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

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