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(영문) 대법원 2019.06.27 2019도5253

상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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 may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor sentence, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

The Defendant stated in the statement of the grounds of appeal that “the Defendant did not commit a crime that the lower court found guilty,” and that “the lower court erred by violating the Constitution, laws, orders, or rules, or by misapprehending the legal principles, thereby affecting the conclusion of the judgment,” but did not state specific reasons therefor. Therefore, this does not constitute a legitimate ground of appeal.

In examining the record, the lower court did not err by infringing the Defendant’s right of defense, as otherwise alleged in the grounds of appeal.

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