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(영문) 대법원 2020.05.19 2020도4202
폭행등
Text

The appeal is dismissed.

In the case name of the court below, the "Child Welfare Act violation (child abandonment)" shall be deleted.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, an appeal may be filed on the ground that the judgment of the court below had influenced

Therefore, in this case where a more minor punishment was imposed on the defendant, the argument that the court below merely contests the fact-finding of the court below or points out the misapprehension of legal principles on the premise of facts different from the facts acknowledged by the court below is not a legitimate ground for appeal.

Therefore, pursuant to Article 380(2) of the Criminal Procedure Act, an appeal shall be dismissed, and since there is an obvious clerical error in the indication of the case name of the judgment below, it shall be corrected pursuant to Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition

May 19, 2020

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