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(영문) 대법원 2016.11.10 2016도13641
강도상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court as to Defendant A’s grounds of appeal, the lower court was justifiable to have found Defendant A guilty of injury by robbery among the modified facts charged in the instant case on the grounds stated in its reasoning. In so doing, the lower court 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 doctrine on the crime

On the other hand, the argument of mental disability among the grounds of appeal is not a legitimate ground of appeal, as it is alleged in the ground of appeal by Defendant A as the grounds of appeal or by the court below as the subject of judgment ex officio.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed against Defendant A, the argument that the punishment is too unreasonable is not a legitimate

2. Examining the reasoning of the lower judgment as to Defendant B’s grounds of appeal in light of the evidence duly admitted by the lower court, the lower court is justifiable to have found Defendant B guilty of the modified facts charged in this case on the grounds indicated in its reasoning. In so doing, the lower court did not err by failing to exhaust all necessary deliberations and by misapprehending the bounds of the principle of free evaluation of evidence against logical

In addition, the argument that the court below's decision on sentencing contains an error of violation of the rules of evidence or incomplete deliberation is ultimately an unreasonable sentencing argument.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, death penalty, imprisonment with or without prison labor for life or for not less than ten years.

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