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(영문) 대법원 2020.02.11 2020도308
사기등
Text

The appeal is dismissed.

Of the indication of the case name of the court below, "Assault" shall be deleted, and it is in the order of the court of first instance.

Reasons

We examine the grounds of appeal.

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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

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

In addition, the argument that the order for compensation is too harsh without any specific argument about the violation of the law of the court below cannot be a legitimate ground for appeal as stipulated in Article 383 of the Criminal Procedure Act.

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 case name of the court below and the order of the court of first instance, each correction shall be made pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent

February 11, 2020

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