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(영문) 대법원 2013.05.23 2013도3601
강도상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The Defendant’s argument in the grounds of appeal is that the Defendant did not assault the victim with the intention of escape as stated in the facts charged in the instant case, and that the injury inflicted on the victim is naturally recoverable and cannot constitute the crime of robbery even though it is merely naturally cured and cannot constitute the crime of robbery, the lower court’s erroneous fact-finding and misapprehension of the legal doctrine on the establishment of the crime, thereby finding the Defendant guilty

However, the recognition of facts and the selection and evaluation of evidence, which are the premise thereof, belong to the exclusive authority of the fact-finding court unless it exceeds the limit of the free evaluation of evidence

The judgment below

In light of the records, the court below cannot find out the grounds that the court below exceeded the limit of the principle of free evaluation of evidence, and there is no illegality in the misapprehension of legal principles as to the establishment of the above crime.

In addition, according to the records, the defendant appealed the judgment of the first instance on the ground of mistake of facts, misunderstanding of legal principles, and unreasonable sentencing as the grounds for appeal. Thus, the claim of mental and physical disability, which only comes to the final appeal, cannot be a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable 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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