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(영문) 대법원 2015.08.27 2015도9048
강도상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The selection of evidence and fact-finding belong to the exclusive authority of a fact-finding court unless it exceeds the bounds of the principle of free evaluation of evidence.

On the grounds indicated in its reasoning, the lower court found the Defendants guilty of all the facts charged. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on co-principal, contrary to what is alleged in the grounds of appeal

In addition, 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, and an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the Defendants, punishment

The allegation that the lower court erred in the method of examining or determining the sentencing does not constitute a legitimate ground of appeal.

Meanwhile, examining the reasoning of the judgment below in light of the records, the court below did not err in the misapprehension of the legal principles as alleged in the grounds of appeal since it maintained the judgment of the court of first instance ordering Defendant A to attach an electronic tracking device for ten years pursuant to the provisions of the Act on Probation and Electronic Monitoring, Etc. of Specific Criminal Offenders.

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

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