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(영문) 대법원 2016.12.01 2016도13583
폭력행위등처벌에관한법률위반(상습상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the relevant legal principles and evidence, the lower court did not err by misapprehending the legal principles as to arrest of flagrant offenders or investigation procedures, delivery of a copy of indictment, modification of indictment indictment, and dismissal of prosecution without failing to exhaust all necessary deliberations, as otherwise alleged in the grounds of appeal, or by misapprehending the legal principles as to the legality of arrest of flagrant offenders or investigation procedures, delivery of a copy of indictment, modification of indictment,

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

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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