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(영문) 대법원 2015.09.24 2015도11750
수산자원관리법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act with respect to Defendant B’s grounds of appeal, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed. As such, in this case where Defendant B was sentenced to a fine, the allegation that punishment is too unreasonable is not legitimate grounds

2. According to the record on Defendant N’s grounds of appeal, Defendant N asserted only unfair sentencing as the grounds of appeal, while appealed against the judgment of the first instance court.

In this case, the argument that the court below erred in incomplete deliberation or mistake of facts cannot be a legitimate ground for appeal.

In addition, the argument in the grounds of appeal that there is an error of infringing Defendant N’s right of defense in the trial proceedings of the first instance court and the lower court cannot be accepted in light of the progress of the trial proceedings of the first instance court and the lower court

Meanwhile, the lower court’s assertion that the lower court erred in incomplete deliberation on sentencing materials constitutes an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a fine is imposed on Defendant N, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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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