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(영문) 대법원 2017.12.07 2017도16683
감금치상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court was justifiable to have found the Defendant guilty of the injury caused by intimidation and confinement among the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, the lower court did not err by misapprehending the bounds of free evaluation of evidence against logical and empirical rules or by misapprehending the relevant legal doctrine without exhausting all necessary deliberations as alleged in the grounds of appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's argument about mental and physical weakness on the grounds as stated in its reasoning, and there is no error of law by mistake in the fact

Meanwhile, pursuant to Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate grounds for

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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