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(영문) 대법원 2016.08.25 2016도9787
공갈등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below is erroneous in the violation of the evidence of law and the incomplete trial without regard to sentencing factors constitutes an unfair argument in sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the defendant and the requester for the treatment and custody was sentenced to more minor punishment is not justifiable.

In addition, as long as the defendant and the claimant for the medical care and custody files an appeal against the defendant's case, it is deemed that the appeal is filed against the medical care and custody claim.

However, there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

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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