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(영문) 대법원 2014.04.10 2014도2235
폭력행위등처벌에관한법률위반(공동공갈)
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the records, the defendants appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred in misunderstanding of facts or misunderstanding of legal principles as to co-principal cannot be a legitimate ground for appeal.

On the other hand, the court below erred in incomplete deliberation on sentencing conditions.

The assertion that there was an error of omission of judgment or omission of judgment constitutes an allegation of unfair sentencing.

However, 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 on the Defendants, the assertion that the sentencing of the sentence is unreasonable

Therefore, 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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