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(영문) 대법원 2013.06.13 2013도4158
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have determined that the Defendant was guilty of the facts charged in this case on the grounds stated in its reasoning.

In so doing, contrary to what is alleged in the grounds of appeal, there is no violation of logical and empirical rules, exceeding the bounds of the principle of free evaluation of evidence, or misapprehending the legal principles on

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

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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