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(영문) 대법원 2018.03.29 2017도20740
장애인복지법위반
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of Defendant A’s appeal in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, the lower court was justifiable to have found Defendant A guilty of the facts charged of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of the logical and empirical rules, or by misapprehending the legal doctrine

2. Examining the reasoning of the lower judgment on the grounds of Defendant B’s appeal in light of the evidence duly admitted, the lower court was justifiable in finding Defendant B guilty of the facts charged in the instant case on the grounds indicated in its reasoning, and did not err by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine on the interpretation of Article 89 (Joint Provisions) of the Welfare of Persons with Disabilities

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, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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