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(영문) 대법원 2013.10.17 2013도9750
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the first instance judgment and the reasoning of the lower judgment in light of the evidence duly admitted, there is no error of law that affected the conclusion of the judgment by exceeding the bounds of the principle of free evaluation of evidence in the judgment of the first instance and the judgment of the lower court that upheld the

In addition, according 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 is imposed, an appeal on the grounds of unfair sentencing

Therefore, in this case where a fine is imposed against the defendant, the allegation of unfair sentencing that the court below failed to exhaust all necessary deliberations on the circumstances favorable to the defendant, thereby infringing on the essential contents of the principle of balanced criminal punishment or the principle of responsibility cannot be 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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