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(영문) 대법원 2015.07.09 2015도6305
폭력행위등처벌에관한법률위반(공동재물손괴등)교사
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of any statement in the supplemental appellate brief not timely filed).

The argument that the court below committed an error of mistake of facts, incomplete deliberation, or omission of judgment in determining the punishment against the defendant is ultimately an argument of unfair sentencing.

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 fine is imposed against the defendant, the argument that the amount of punishment is unreasonable shall not be a legitimate ground for appeal.

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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