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(영문) 대법원 2018.03.29 2018도1292
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted, the court below was just in finding the Defendant guilty of the charge of intrusion on the structure of this case on the grounds as stated in its reasoning, and there was no error of law by exceeding the bounds of free evaluation due to violating the logical and empirical rules, or by exceeding the bounds of free evaluation due to violating the rules of logic and experience, or by misapprehending the legal principles on the rules on the reinforcement of confessions,

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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is 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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