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(영문) 대법원 2014.11.27 2014도12448
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court was justifiable to have found the Defendant guilty of the facts charged of this case on the grounds stated in its reasoning, and there was no error of misapprehending the bounds of the principle of free evaluation of evidence by failing to exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal.

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 amount of punishment is unreasonable

In addition, according to the records, the defendant stated in the statement of the grounds for appeal that "the court below violated the Constitution, laws, orders, and rules, or did not state any specific grounds for appeal, which affected the conclusion of the judgment." Thus, this cannot be viewed as a legitimate ground for 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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