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(영문) 대법원 2016.03.10 2015도20250
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Even if examining evidence, the lower court did not err by misapprehending the facts against logical and empirical rules, or by misapprehending the legal doctrine on the defense of a political party and a justifiable act, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is granted, and an appeal is granted on the grounds of an unfair sentencing. Thus, the argument that the sentence is unfair because it is too unreasonable for the defendant to be sentenced to a fine is not a legitimate appeal.

Other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under each subparagraph of Article 383 of the Criminal Procedure Act.

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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