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(영문) 대법원 2020.03.12 2019도19294

강도상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground for appeal.

The argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing constitutes an allegation of unfair sentencing.

However, examining various circumstances that form the conditions for sentencing as shown in the records, such as the Defendant’s age and behavior environment, relationship with victims, motive means and consequence of each of the instant crimes, etc., the sentencing of the lower court, which sentenced 20 years to the Defendant, is extremely unfair even if considering the circumstances asserted in the grounds of appeal.

In light of the record, the lower court did not err by infringing the Defendant’s right of defense in trial proceedings.

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