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(영문) 대법원 2018.09.13 2018도11356
공갈
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the Defendant appealed on the case 2018 Highest 210 cases, and asserted only unfair sentencing on the grounds of appeal, but only on June 14, 2018, after the lapse of the period for filing an appeal, the Defendant asserted that the lower court erred by misapprehending the legal doctrine on the grounds of appeal.

Therefore, the defendant's assertion of misapprehension of the legal principles is limited to the case after the lapse of the period for filing the appeal, and it cannot be a legitimate ground for appeal, and it cannot be deemed that such assertion constitutes an ex officio investigation under the proviso of Article 361-4 (1) of the Criminal Procedure Act.

Therefore, the lower court, which did not relate to such a claim as the subject matter of the trial, erred by misapprehending the legal doctrine.

subsection (b) of this section.

In addition, according to Article 383 (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, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against 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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