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(영문) 대법원 2013.10.17 2013도7934
상해
Text

All appeals are dismissed.

Reasons

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court’s determination that Defendant A was guilty on the grounds indicated in its reasoning is justifiable. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

Meanwhile, under 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 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 against Defendant A, the argument that the amount of punishment is unreasonable is not

2. According to the record as to Defendant B and C’s appeal, Defendant B and C did not submit the appellate brief within each statutory period, and each petition of appeal does not state the grounds therefor.

The appeal against the above defendants shall be dismissed by the ruling under Article 380 of the Criminal Procedure Act. However, the appeal against the defendant A shall be dismissed by the ruling en bloc.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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