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(영문) 대법원 2018.11.29 2018도14905

강도치상등

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 court below, the court below was just in finding the Defendant guilty of the injury resulting from robbery among the facts charged in the instant case on the grounds as stated in its reasoning, and there was no error by misapprehending the fact that the court below exceeded the bounds of the principle of free evaluation of evidence in violation of the empirical rule or the rules of evidence,

In addition, 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 shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

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