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(영문) 대법원 2013.09.12 2013도7316
강도상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the judgment below and the court of first instance maintained by the court below in light of the evidence duly admitted, it is just to find the court below guilty of the facts charged of this case on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there is no violation of the law of logic and experience and the principle

On the other hand, the argument that the court below exceeded the inherent limits of the sentencing judgment against the principle of balanced criminal punishment or the principle of responsibility in sentencing is ultimately an allegation of unfair sentencing.

However, 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

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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