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(영문) 대법원 2015.12.23 2015도16459

상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the modified facts charged were guilty on the grounds stated in its reasoning, and 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 addition, under 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 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 sentencing of

Of the grounds of appeal, the argument that the defendant's defense right was infringed due to non-existence of facts charged is not legitimate grounds of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as grounds of appeal or that the court below did not consider

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