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(영문) 대법원 2013.04.11 2013도2056
폭력행위등처벌에관한법률위반(공동감금)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted by the court below, the court below's decision that found the defendant guilty of violating the Punishment of Violences, etc. Act and the Punishment of Violences, etc. Act (joint confinement) on the grounds stated in its reasoning is just and there is no error of law by misunderstanding facts beyond the bounds of the principle of free evaluation of evidence or by misapprehending the legal principles as to the intention of the crime of confinement and the attack.

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 allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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