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(영문) 대법원 2020.01.21 2019도18460
상해등
Text

The appeal is dismissed.

Of the facts charged against the defendant in the judgment of the court of first instance, "of the facts charged against the defendant" in the part against the defendant.

Reasons

We examine the grounds of appeal.

The judgment below

The argument that there was an error of law such as mistake of facts or misunderstanding of legal principles in the obstruction of performance of official duties and fraud part among the conviction portion is not a legitimate ground for appeal since the defendant's ground for appeal was asserted in the final appeal that there was no judgment by the court below.

In addition, the argument that the judgment of the court below is erroneous in incomplete deliberation on the grounds for sentencing is ultimately an argument of unfair sentencing.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable 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 part against the defendant in the judgment of the court of first instance, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by

January 21, 2020

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