logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2017.02.15 2016도20857
공갈등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records on the grounds of Defendant C’s appeal, Defendant C appealed appealed against the judgment of the first instance, and only asserted the illegality of sentencing on the grounds of appeal.

In such a case, the argument that the lower court erred by mistake of facts is not a legitimate ground for appeal.

In addition, the argument that the judgment of the court below erred by infringing on the essential contents of the principle of balance of punishment or the principle of responsibility beyond the inherent limits of the judgment of the court below is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where Defendant C was sentenced to minor punishment, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

2. As to the grounds for appeal by Defendant N, in light of the overall circumstances indicated in the lower court’s trial process and records, the right to receive the assistance of Defendant N’s defense counsel is not deemed to have been infringed.

In addition, the argument that the sentencing of the court below is erroneous in violation of the principle of equality with accomplices, or that the court below erred in violation of the essential contents of the principle of balance of punishment or the principle of accountability beyond the inherent limits of sentencing determination, constitutes an unfair argument for sentencing.

Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed on Defendant N, the argument to the effect that the above assertion and the determination of punishment are unfair is not a legitimate ground for appeal.

3. Therefore, all appeals are dismissed.

arrow