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(영문) 대법원 2016.09.28 2016도11098
상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. While examining the grounds for appeal by Defendant A in accordance with the relevant legal principles and evidence, the lower court’s judgment that found Defendant A guilty of violating the Act on the Punishment of Acts, Including the Mediation of Commercial Sex Acts (the brokerage of commercial sex acts, etc.), among the facts charged in the instant case, and ordered the collection of the amount in the amount, did not err by misapprehending the legal principles as to the calculation of the surcharge

2. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds of appeal by Defendant J, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in the instant case where a more minor sentence has been imposed against the Defendant, the allegation that the amount of punishment is unreasonable is not a legitimate ground for appeal.

3. Therefore, 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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