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(영문) 대법원 2015.08.27 2015도9014
특수강도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower judgment, in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the Defendant was guilty of all of the special robbery among the facts charged in the instant case and the violation of the Punishment of Violences, etc. Act (joint confinement). In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

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 permitted. Thus, in this case where the defendant and the requester for probation order (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. As long as the defendant files an appeal against a prosecuted case regarding a request for probation order, an appeal is deemed to have been filed regarding a request for probation order, but the petition of appeal does not state the grounds therefor and the appellate brief does not state the grounds for appeal.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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