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(영문) 대법원 2016.08.30 2016도10410
특수협박등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court’s determination that the instant facts charged were guilty on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of free evaluation of evidence against logical and empirical rules.

In addition, examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is pronounced.

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

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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