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(영문) 대법원 2019.07.25 2019도7294
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant asserted that the crime of this case was negligent in the statement of grounds for appeal, and the defendant did not clearly withdraw the above assertion on the date of the original trial.

Nevertheless, the lower court did not render a judgment on the above assertion by deeming the Defendant’s grounds for appeal solely as mental and physical disability and unreasonable sentencing.

However, examining the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending the relevant legal principles, and thus, the omission of judgment by the lower court does not affect the conclusion of the judgment.

The judgment below

Examining the reasoning in light of the record, the lower court did not err by misapprehending the legal principles on mental and physical disability or by misapprehending the legal principles as alleged in the grounds of appeal.

In addition, even if examining records, there is no error of infringement of the defendant's right of defense, etc., as alleged in the grounds of appeal, such as investigation procedures, prosecution procedures, and trial procedures in the

The argument that the court below erred by misapprehending the facts against the rules of evidence or by misapprehending the legal principles on the conditions of sentencing constitutes the allegation of unfair sentencing.

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 not less than ten years is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment 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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