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(영문) 대법원 2014.10.15 2014도10311
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the instant facts charged on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the rules of logic and experience and free evaluation of evidence.

In addition, the argument that the defendant's act constitutes self-defense is not a legitimate ground for appeal, as it is alleged in the ground for appeal that the defendant did not consider it as the ground for appeal or that the court below did not consider it as an object

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 not less 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 the defendant, the argument that the sentencing of the punishment is unreasonable

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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