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(영문) 대법원 2016.06.09 2016도4812
상해치사등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

On the grounds indicated in its reasoning, the lower court found the Defendant guilty of death resulting from bodily injury among the facts charged in the instant case, and in light of the records and evidence, the lower court did not err by failing to exhaust all necessary deliberations as alleged in the grounds of appeal and by misapprehending the rules of logic and experience.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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