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(영문) 대법원 2016.04.29 2016도2451
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged were guilty on the grounds indicated in its reasoning, and there were no errors by misapprehending the legal doctrine on the crime of non-performance of intent, contrary to the allegations

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a fine is imposed against the defendant.

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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