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(영문) 대법원 2014.08.20 2014도7315
강도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of robbery among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles as to the intent of unlawful acquisition of robbery and the intent of coercion

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which 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 permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing

Meanwhile, the argument that there was an error of misunderstanding of facts or misunderstanding of legal principles as to confinement in the judgment of the court below is not a legitimate ground for appeal, since the defendant's ground for appeal is a ground for appeal, or the court below did not have any ground for judgment ex officio.

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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