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(영문) 대법원 2016.12.15 2016도14263
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that the court below convicted all of the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the charges of this case and violation of the Road Traffic Act (non-accident after accident) on the grounds stated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, by exceeding the bounds of the principle of presumption of innocence, by violating the principle of evidence judgment, by violating the principle of judgment on conviction, by violating the Act on

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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