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(영문) 대법원 2014.08.20 2014도3364

상해

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the first instance court, the lower court’s determination that the facts charged in the instant case were guilty on the grounds stated in its reasoning is justifiable in accordance with the purport of the judgment of remanding. In so doing, it did not err by exceeding the bounds of the principle of logic and experience and free evaluation of evidence.

In addition, the argument that the defendant's act constitutes self-defense is not a legitimate ground for appeal, since the defendant's ground for appeal or the court below did not consider it as a subject of judgment ex officio.

Meanwhile, 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, and thus, in this case where a fine is imposed against the defendant, the argument that the amount of punishment is unreasonable

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