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(영문) 대법원 2017.03.09 2016도21140
특수존속협박등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds stated in its reasoning, and there is no violation of law of logic and experience beyond the bounds of free evaluation of evidence, contrary to the allegations in the grounds of appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's argument about mental and physical weakness on the grounds as stated in its reasoning, and there is no violation of law

Meanwhile, the argument that the judgment of the court below erred by exceeding the inherent limit of the sentencing discretion or by misapprehending the legal principles on the methods of examining the sentencing and determining the sentencing is ultimately an unfair argument of sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable is not 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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