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(영문) 대법원 2013.12.26 2013도13277
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court, on the grounds indicated in its reasoning, determined that the instant facts charged were recognized, and rejected the grounds of appeal on the mistake of facts that asserted them.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal, by misapprehending the rules of logic and experience or by misapprehending the legal doctrine on the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and the crime of violation of the Road Traffic Act.

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

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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