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(영문) 대법원 2020.04.29 2019도17100
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

For the reasons indicated in its holding, the lower court upheld the first instance judgment that convicted all of the facts charged of this case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the establishment of a crime of violating the Road Traffic Act (driving), bodily injury in the crime of inflicting an injury, the establishment of fraud, the inducement of fear fear in violation of the Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and illegally collected evidence.

In addition, the argument that the lower court erred by exceeding the limit of sentencing discretion also constitutes the allegation of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not 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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