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(영문) 대법원 2014.02.27 2014도347
특정범죄가중처벌등에관한법률위반(보복상해등)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment

Therefore, in this case where a more minor punishment was imposed on the defendant, the defendant did not inflict any injury on the victim for the purpose of retaliation, and the defendant's assertion disputing the fact-finding and the selection of evidence is not a legitimate ground for appeal.

In addition, considering the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's claim of mental suffering from mental illness, and there is no error of misconception of facts or misunderstanding of legal principles

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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