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(영문) 대법원 2016.11.25 2016도13483
폭력행위등처벌에관한법률위반(공동협박)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The allegation in the grounds of appeal that the court below did not properly give an opportunity to agree with the victim and infringed the right to counsel's assistance and its proceedings are unlawful is not acceptable in light of the progress of the trial and the contents of the pleading by the court below.

In addition, according to Article 383, Paragraph 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 has been imposed, an appeal can be filed

Therefore, in this case where the defendant was sentenced to a more minor sentence, the argument that the 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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