logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2020.01.16 2019도14478
폭력행위등처벌에관한법률위반(공동공갈)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The lower court found Defendant A guilty of the facts charged against Defendant A and did not focus on repeated crime.

Therefore, we cannot accept the allegation in the grounds of appeal that the lower court erred by misapprehending the legal doctrine on aggravation of repeated crime.

The argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing constitutes an allegation 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

Defendant

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

2. As seen in the judgment on Defendant D’s grounds of appeal, 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 is allowed.

Defendant

In this case where a minor sentence is imposed against D, the argument that the punishment is too 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.

arrow