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(영문) 대법원 2016.07.27 2016도7671
학대치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the evidence duly adopted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of all of the facts charged in the instant case on the grounds stated in its reasoning, and it did not err in the misapprehension of legal principles as to the number of crimes causing injury by abuse, comprehensive crimes, and the specification of facts charged, as alleged in the grounds of appeal.

In addition, the argument that the sentencing judgment of the court below is illegal in light of the principle of balance of punishment and the principle of accountability is unfair.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate ground for appeal

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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