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(영문) 대법원 2020.06.25 2020도4298
특수재물손괴등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds indicated in its reasoning, the lower court convicted all of the facts charged of the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err in its judgment by misapprehending the legal doctrine on the possession of dangerous objects in the crime of destroying and damaging special objects and the crime of entering a special residence, and the relation to mental and physical disability, etc.

According 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

Defendant

In this case where the defendant and the defendant for medical treatment and custody (hereinafter referred to as the "defendant") are sentenced to a more minor punishment, the argument that the punishment is too unreasonable shall not be a legitimate ground for appeal.

2. As long as a defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, an appeal shall be deemed to have been filed regarding the medical treatment and custody application case.

However, there is no entry of reasons in the petition of appeal, and there is no entry of reasons for objection in the petition of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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