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(영문) 대법원 2020.03.17 2020도1899
폭행등
Text

The appeal is dismissed.

The judgment below

Among the indication of the case name, "the name of the crime partially recognized" is "the name of the crime."

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, the judgment of the court below affected the conclusion.

A final appeal may be made on the ground that there exists a significant reason to recognize the amount of punishment or that the amount of punishment has been extremely unfair.

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the court below erred in the determination of the choice of evidence and probative value of evidence or the fact-finding based thereon, or that the argument and the punishment pointing out the misapprehension of legal principles based on the facts acknowledged by the court below is too unreasonable is not a legitimate ground for appeal

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

March 17, 2020

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