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(영문) 대법원 2018.04.10 2018도3652
상해등
Text

The appeal is dismissed.

"1. Suspension of execution, observation of protection, and community service order: at the end of the application of the law of the first instance judgment.

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor punishment was imposed on the defendant, the court below erred in finding the evidence and its probative value or finding facts based on it, or rejected the judgment of the court below as to the selection of evidence and its probative value, or rejected the misapprehension of the legal principles based on the facts acknowledged by the court below, all of the arguments that point out the misapprehension of the legal principles based on

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. The final appeal is dismissed in accordance with the end of the first instance judgment’s application. Since it is apparent that “1. Suspension of execution, observation of protection, and community service order: Articles 62(1) and 62-2(1) of the Criminal Act were omitted from this error,” it is corrected as adding it to this error. It is so decided as per Disposition by the assent of all participating Justices.

April 10, 2018

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