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(영문) 대법원 2019.07.25 2019도4404
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower judgment did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, contrary to the grounds of appeal.

In addition, the argument that the prosecution procedure in this case is invalid due to the abuse of prosecutor's right to institute a prosecution, the illegality of the investigation procedure, and the lack of delivery of a duplicate of the indictment, is in violation of the provisions of the law, and it cannot be a legitimate ground for appeal as it is asserted only when the defendant saw it as the ground for appeal or

Meanwhile, 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 is imposed, an appeal on the grounds of unfair sentencing is allowed

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be 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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