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(영문) 대법원 2021.01.22 2020도16909
폭력행위등처벌에관한법률위반(공동상해)
Text

The appeal is dismissed.

In the judgment of the court below, the case name is indicated.

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which 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 affected the conclusion of the judgment, or that the amount of the punishment has been extremely unfair, for the reason that there exists

Therefore, in the instant case where a more minor sentence was imposed on the Defendant, the argument that the lower court erred by misapprehending the legal doctrine on the selection and probative value of evidence or by misapprehending the legal doctrine, or by misapprehending the legal doctrine on the premise of facts different from the facts recognized by the lower court, or that the allegation that the punishment pointing out a misunderstanding of the legal doctrine is too unfair is not 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 name indication of the case in the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices.

January 22, 2021

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