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(영문) 대법원 2013.11.28 2013도12038
강도상해
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

Examining the evidence adopted by the court of first instance maintained by the court below in light of the relevant legal principles, it is justifiable to find the court below guilty of the facts charged of this case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles as to the crime of injury by robbery.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only when the court below rendered a death penalty, an indefinite term, or an imprisonment or imprisonment without prison labor for not less than ten years. Thus, in this case where a more minor sentence has been imposed on the defendant, an appeal is not allowed to be

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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