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(영문) 대법원 2016.03.24 2016도563
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Criminal facts have to be proved to the extent that there is no reasonable doubt (Article 307(2) of the Criminal Procedure Act). However, the preparation of evidence and the probative value of evidence conducted on the premise of fact-finding belong to the free judgment of the fact-finding court (Article 308 of the Criminal Procedure Act). On the grounds stated in its reasoning, the lower court determined that all criminal facts in the judgment of the lower court were guilty, and that there was the ability to discern things or make decisions at the time of each of the instant crimes, and rejected the allegation of the grounds for appeal as to mental

The allegation in the grounds of appeal is the purport of disputing the determination of the lower court’s fact-finding, and is merely erroneous in the determination of the lower court’s choice of evidence and probative value, which belong to the free judgment of the fact-finding court. In addition, even when examining the reasoning of the lower judgment in light of the aforementioned legal doctrine and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding mental and physical disorder or by exceeding

In addition, pursuant 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, a final appeal may be filed on the grounds of unfair sentencing. Thus, in this case where a more minor sentence is imposed against the defendant, the argument seeking a disposition against the defendant is unreasonable, and thus, it cannot be a legitimate ground for final appeal

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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