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(영문) 대법원 2014.09.25 2014도9661
폭행
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court and the first instance court in light of the evidence duly admitted, the lower court is justifiable to have found the Defendant guilty of the facts charged of the instant case on the grounds stated in its reasoning, and there is no error of law by failing to exhaust all necessary deliberations or by misapprehending the legal doctrine on the justifiable act, as alleged

In addition, the issue of whether to accept the application for examination of evidence falls under the discretion of the court, and even if the court below did not accept the application for witness by the defendant, it cannot be deemed unlawful, and the defendant's right to trial is not infringed.

In addition, in light of all the circumstances indicated in the records such as the proceedings of the trial by the court below, the defendant's right to receive the assistance of a state appointed defense counsel is not infringed

Meanwhile, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the sentence 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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