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(영문) 대법원 2020.09.03 2020도8086
강도상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The lower court upheld the first instance judgment that convicted the Defendants of the injury by robbery among the facts charged against the Defendants.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on intent of unlawful acquisition, intentional act, and joint principal offense in the crime of robbery

According 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 not less than ten years is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendants were sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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