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(영문) 대법원 2015.05.14 2015도3857
공직선거법위반
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

On the other hand, the argument that the lower court did not exhaust all necessary deliberations on the premise of sentencing, and that there was an error of finding facts contrary to logical and empirical rules constitutes the allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without labor for an indefinite term or for not less

In this case where a fine is sentenced against the defendant, the above assertion and the argument that the amount of punishment is unreasonable cannot be 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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