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(영문) 대법원 2015.10.29 2015도13431
특수강도미수
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 judgment below, the court below was just in finding the Defendant guilty of the charged facts of this case on the grounds as stated in its reasoning, and there was no error of law by misapprehending the legal principles on the commencement of commission of special robbery, contrary to what is alleged in

In addition, the argument that the judgment of the court below erred in misunderstanding of facts about sentencing conditions is ultimately an unreasonable sentencing argument.

However, under 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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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