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(영문) 대법원 2016.01.14 2015도17668
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a fine is imposed against the defendant, the argument that the court below simply contests the recognition of facts does not constitute a legitimate ground for appeal as provided in the above provision.

In addition, the ground of appeal that the court below infringed the defendant's right to fair trial due to the failure of trial, etc. cannot be accepted in light of the progress of trial by the court below as revealed in the records.

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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