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(영문) 대법원 2016.04.29 2016도1548
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Even if examining evidence, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal and did not err by misapprehending the law of logic and experience or by misapprehending the relevant legal doctrine.

In addition, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of balance of punishment or the principle of responsibility in the determination of the sentencing, and thereby deviating from the inherent limits of the judgment of the sentencing is an unfair argument

Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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