강도치상
All appeals are dismissed.
The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).
1. According to the records on Defendant N’s grounds of appeal, the Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.
In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.
In addition, since the opportunity to agree with the victim is not properly given, the trial procedure is unlawful.
The argument in the grounds of appeal that there is an error in the incomplete hearing shall not also be a legitimate ground of appeal.
2. As to Defendant A’s grounds of appeal, the argument that the lower court erred in incomplete deliberation as to sentencing conditions constitutes an allegation of unfair sentencing.
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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the above assertion or punishment is too unreasonable, and the allegation that the above assertion or punishment
3. According to the records on Defendant P’s grounds of appeal, the above Defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds of appeal.
In such a case, the argument that the lower court erred by misapprehending the legal principles cannot be a legitimate ground for appeal.
4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.