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(영문) 대법원 2013.11.28 2013도11247

특정범죄가중처벌등에관한법률위반(운전자폭행등)

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The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence of the first instance court’s adoption maintained by the lower court, it is justifiable for the lower court to have found the Defendant guilty of the instant facts charged on the grounds indicated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors in the misapprehension of legal principles as to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (traffic Assault, etc.) by failing to exhaust all necessary deliberations, or by misapprehending the rules

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where a death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed at the original trial. Thus, an appeal by the Supreme Court is not allowed for the defendant to be filed on the grounds that the sentence

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