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(영문) 대법원 2018.04.26 2018도3870

특정범죄가중처벌등에관한법률위반(보복폭행등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning. In so doing, it did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal, or by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

Examining the circumstances revealed in the record, such as the background leading up to the instant crime, method of commission of the crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, the Defendant was physically and mentally deprived or physically weak at the time of the instant crime.

Therefore, the court below's rejection of the defendant's argument about mental and physical weakness on the grounds stated in its reasoning is just, and there is no error of law by misapprehending the legal principles on mental and physical disorder as alleged in the ground of appeal

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal may be filed on the ground that the amount of punishment is remarkably unreasonable. Thus, in this case where the defendant was sentenced to minor punishment, the argument that sentencing is unfair does not constitute a legitimate appeal.

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