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(영문) 대법원 2019.09.25 2019도9751
특수공갈미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

A person who has filed a statement of grounds for appeal may withdraw part of the grounds for appeal stated in the grounds for appeal on the court date, but if the grounds for appeal are withdrawn, it may be subject to a restriction that may not be deemed the grounds for appeal again. Thus, the withdrawal of the grounds for appeal

(3) In light of the aforementioned legal principles, the court below erred by misapprehending the legal principles on the grounds of appeal on the grounds of appeal, and failing to exhaust all necessary deliberations on the grounds of appeal. In so doing, the court below erred by misapprehending the legal principles on the grounds of appeal, thereby adversely affecting the conclusion of the judgment, thereby adversely affecting the conclusion of the judgment, as otherwise alleged in the ground of appeal.

Examining such factual relations in light of the legal principles on the withdrawal of grounds for appeal as seen earlier, it is difficult to view that the Defendant clearly withdrawn his/her claim for mental disorder among the grounds for appeal.

However, in light of the records, the defendant cannot be deemed to have been in a mental and physical state at the time of committing the crime of this case. Thus, the above misapprehension of legal principles or omission of judgment as to the withdrawal of appeal by the

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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on 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.

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