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(영문) 대법원 2020.02.27 2019도18732
상해등
Text

The appeal is dismissed.

Reasons

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

For reasons indicated in its reasoning, the lower court upheld the first instance judgment that found the Defendant guilty of injury and coercion among the facts charged in the instant case.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the establishment of the crime of injury and coercion, without exhaust all necessary deliberations.

The court below erred in the misapprehension of legal principles as to abuse of public prosecution power.

The ground of appeal to the effect that there is an error of violating the defendant's right to a participatory trial in the trial proceedings of the first instance court is not a legitimate ground of appeal since the defendant alleged in the ground of appeal that he did not regard it as the ground of appeal or that the court below did not consider it as

Furthermore, this case is not a case eligible for a participatory trial under the law.

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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable cannot 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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