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(영문) 대법원 2013.04.11 2013도1654

상해

Text

The appeal is dismissed.

The "victim A" of the first criminal facts in the judgment of the court of first instance shall be corrected to "victim C".

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the relevant legal doctrine or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

In addition, the argument that the defendant's act constitutes excessive defense among the grounds of appeal is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant's act is not subject to judgment ex officio.

In addition, 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. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

Therefore, the appeal is dismissed. Since it is clear that the victim's indication of the first instance court is erroneous among the grounds of the judgment of the first instance, it is correct in accordance with Article 25 (1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.