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(영문) 대법원 2014.09.25 2014도9737
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the court below, the court below was just in finding the defendant guilty of all the facts charged of this case on the grounds as stated in its holding, and there were no errors in the misapprehension of legal principles as to force in the crime of violation of the law of logic and experience and the principle of free evaluation of evidence, or in the misapprehension of legal principles as to the establishment of a crime of false accusation and the crime of interference with business,

Meanwhile, the argument that the court below erred in the misapprehension of legal principles as to sentencing constitutes the allegation of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not

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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