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(영문) 대법원 2017.09.12 2017도11465
절도
Text

The appeal is dismissed.

In the first instance judgment, " May 55, 2016" was corrected to " May 22, 2016" in the first instance judgment, the first instance judgment was corrected to " May 22, 2016."

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below has influenced the judgment by grave mistake of facts.

Therefore, in this case where a more minor sentence is imposed on the defendant, the defendant's ground of appeal that leads to the violation of Acts and subordinate statutes or misunderstanding of legal principles on mental and physical weakness is merely a dispute over the recognition of facts and the selection of evidence, and thus, it cannot be a legitimate ground of appeal.

In addition, the argument that the time limit for the payment of a fine is extended is not a legitimate ground for appeal as provided in Article 383 of the Criminal Procedure Act.

Therefore, the appeal shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since it is obvious that there are some errors in the facts constituting the crime of the first instance judgment, it shall be corrected in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by the assent of all participating Justices on the bench.

September 12, 2017

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