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(영문) 대법원 2017.06.20 2017도6291
폭행
Text

The appeal is dismissed.

The case indication of the judgment of the court below shall be corrected to "Assault".

Reasons

1. The court of final appeal is a subsequent trial on the judgment of the appellate court, which is not subject to the adjudication at the appellate court, and is not subject to the adjudication at the appellate court. As such, the grounds for appeal may not be considered as the grounds for appeal on the grounds that the defendant alleged as the grounds for appeal at the appellate court or that it is not subject to the adjudication at the appellate court ex officio (see Supreme Court Decision 2007Do1604, Sept. 6, 2007, etc.). The grounds for appeal that the defendant did not assault the victim are the grounds for appeal that the defendant did not assert the victim at the appellate court, and the court below did not consider the matters that the defendant did not assert at the appellate court at its own discretion, and therefore

2. Also, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed for the reason that the judgment of the court below affected the judgment due to gross mistake of facts or unfair sentencing, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced.

In addition, the argument that only contests the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court or the recognition of facts based thereon is not a legitimate ground for appeal.

Therefore, in this case where a fine is imposed against the defendant, the argument that the court below's assertion that the defendant's legitimate defense was not justified merely because it did not admit the defendant's legitimate defense assertion, or that the defendant's punishment was improper merely because it did not constitute a legitimate ground for appeal under the above provision is not a legitimate ground for appeal.

3. The other grounds of appeal by the defendant do not constitute legitimate grounds of appeal as provided in Article 383 of the Criminal Procedure Act.

4. Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. However, there are errors such as the text of the case’s name indication in the lower judgment.

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