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(영문) 대법원 2020.07.24 2020도7777
특수폭행
Text

The appeal is dismissed.

The fourth part of the judgment of the first instance is the "Defendant A" in the 13th part of the judgment.

Reasons

We examine the grounds of appeal.

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

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the reasoning of the first instance judgment, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the

July 24, 2020

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