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(영문) 대법원 2020.01.16 2019도16305
특정범죄가중처벌등에관한법률위반(절도)
Text

The summary appeal is dismissed.

Reasons

The summary grounds of appeal are examined.

According to Article 372 of the Criminal Procedure Act, a non-permanent appeal may be filed only when the facts recognized by the judgment of the court of first instance are not applicable, when there is an error in the application of statutes, or when there is a abolition, alteration or amnesty of punishment after the judgment of the court of first instance is rendered, and when there is an error in the application of statutes, it means the case where the court of first instance misleads the application of statutes on the premise that

(See Supreme Court Decision 2006Do9338 Decided March 15, 2007). The lower court convicted the Defendant by applying Article 5-4(6) of the Act on the Aggravated Punishment, etc. of Specific Crimes and Articles 329 and 330 of the Criminal Act.

In light of the facts acknowledged by the court below, it cannot be said that there is an error in the application of the law, as alleged in the non-permanent grounds of appeal.

It is clear that the Defendant’s ground of final appeal is merely a mere assertion of the fact-finding of the lower court on the grounds of mental disorder or that the lower court’s punishment is too unreasonable without any specific assertion, such as the violation of the laws and regulations of the lower judgment, and thus, it does not constitute a legitimate and summary

Therefore, a legitimate appellate brief cannot be deemed to have been filed only by a document stating only such reasons.

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

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