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(영문) 대법원 2015.04.09 2015도2068
공갈미수
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).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the charged facts of this case guilty on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by exceeding the bounds of the principle of free evaluation of evidence, or by misapprehending Articles 51, 56-2, 70, 72, 232, and 303 of the Criminal Procedure Act, or by misapprehending the relevant legal principles.

In addition, even after examining the records including the materials submitted by the defendant with the statement of reasons for appeal, this case cannot be deemed to constitute “when there is any reason to request a retrial”.

In addition, pursuant 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 has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant's punishment is too unreasonable does not constitute a legitimate ground for appeal, and the remaining grounds for appeal are not legitimate grounds for appeal as provided in

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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