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(영문) 대법원 2016.11.25 2016도14192
공갈미수
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to Defendant A’s appeal, Defendant A did not submit the appellate brief within the submission period, and Defendant A did not state the grounds in the petition of appeal.

2. Examining the evidence duly admitted as to Defendant B’s grounds of appeal, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

In doing so, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of attack.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a minor sentence is imposed, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. 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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