폭행
The appeal is dismissed.
The judgment below
The second 7th executive act shall correct the defendant's sonD to the victim's son D".
We examine the grounds of appeal.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced
Therefore, in this case where a more minor sentence is imposed on the defendant, the argument that the court below's decision on the choice of evidence and probative value or its factual basis is erroneous is not a legitimate ground for appeal.
Therefore, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act. Since it is evident that there is any error in the judgment below as ordered, it shall be corrected ex officio pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.
December 11, 2020