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(영문) 대법원 2016.06.10 2016도4750
주거침입등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Since the court's decision to consolidate pleadings belongs to the discretion of the court, it cannot be said that the court below erred on the ground that the court did not combine the arguments with other cases against the defendant.

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by misapprehending the legal principles on the misunderstanding of facts, the Voluntaryness and credibility of confession, and the misunderstanding of legal principles on mental and physical disorder or the failure of trial is not a legitimate ground for appeal.

In addition, pursuant 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 may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair does not constitute a legitimate 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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