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(영문) 대법원 2017.09.07 2017도9847
폭행등
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that all of the facts charged in the instant case was guilty on the grounds indicated in its reasoning.

In doing so, the court below did not err by misapprehending the legal principles as to the crime of violence, insult, violation of the Seafarers' Act, violation of the Seafarers' Act, legitimate act, and the ground for exclusion of responsibility, without exhausting all necessary deliberations as 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 prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable 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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