특수상해
The appeal is dismissed.
The grounds of appeal are examined.
The lower court found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.
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 against logical and empirical rules, or by misapprehending the relevant legal doctrine.
In addition, even upon examining the record, the lower court did not err by infringing the Defendant’s right to defense, as otherwise alleged in the grounds of appeal.
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.
In addition, the argument that the defendant may delay the date of sentence so that he can complete the term of imprisonment under detention cannot be a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.