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(영문) 대법원 2019.10.31 2019도11442
협박
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that there was an error in the rules of evidence, mistake of facts, or misapprehension of legal principles as to intimidation in the judgment of the court below shall not be a legitimate ground for appeal, as it is asserted by the defendant in the final appeal that there was no ground for appeal or that there was no decision by the court

In light of the record, the lower court did not err by infringing the Defendant’s right of defense in trial proceedings.

The argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing, mistake of facts, and violation of Article 39(1) of the Criminal Act is ultimately an allegation of unfair sentencing.

However, 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, 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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