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(영문) 대법원 2014.08.28 2014도8011
강도상해등
Text

All appeals are dismissed.

Reasons

The Defendants’ grounds of appeal are also examined.

According to the records, the defendants appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In this case, the argument that the lower court erred by misunderstanding of facts or misunderstanding of legal principles as to injury by robbery among the facts charged in the instant case is not a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed on the Defendants, the assertion that the sentencing of the sentence is unreasonable

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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