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(영문) 대법원 2017.01.25 2016도19747
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the part of the facts charged in the instant case was guilty.

In so determining, the lower court did not err by misapprehending the legal doctrine on the legitimate defense or excessive defense, contrary to what is alleged in the grounds of appeal.

B. While examining the record, the lower court did not err by misapprehending the law that affected the judgment, as otherwise alleged in the grounds of appeal.

In addition, according to Article 383, Paragraph 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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for 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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