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(영문) 대법원 2020.04.17 2020도3406
상해등
Text

The appeal is dismissed.

The reasoning of the judgment of the court below shall be corrected by correcting the "C" of the second and fifth Forms to "B".

Reasons

We examine the grounds of appeal.

According to the records, the defendant 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 judgment below erred in the rules of evidence and the rules of experience cannot be a legitimate ground for appeal.

In addition, the argument that the lower court’s determination of sentencing violates Article 51 of the Criminal Act constitutes an allegation of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot be a legitimate ground for appeal.

Therefore, the appeal shall be dismissed pursuant to Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the reasoning of the judgment below, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

April 17, 2020

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