logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.09.03 2020도8247
강도살인등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

1. Based on its stated reasoning, the lower court convicted the Defendants of the instant facts charged (excluding the part on acquittal in the grounds of appeal).

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules without exhaust all necessary deliberations, or by misapprehending the legal doctrine as to the establishment of a joint principal offense of robbery, thereby exceeding the bounds of the principle of free evaluation of evidence, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, the degree of assault and threat,

2. The argument that the lower judgment erred in violation of the principle of balanced criminal punishment or the principle of accountability is ultimately an unreasonable sentencing argument.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on Defendant B, the argument that punishment is too unreasonable is not a legitimate ground for appeal

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

arrow