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(영문) 대법원 2018.07.24 2018도7921
공갈
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below erred in the incomplete deliberation of the basic facts for sentencing is ultimately an unfair argument in sentencing.

Accordingly, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a minor sentence has been imposed against the defendant, the argument that the defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Meanwhile, in light of the circumstances revealed in the records, the court below’s trial process, etc. does not seem to have infringed upon the defendant’s right to assistance of counsel, as alleged in the grounds of 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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