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(영문) 대법원 2020.03.12 2020도459
특수폭행등
Text

The appeal is dismissed.

Of the indication of the case name of the court below, the term "(known crime name: violence)" is deleted.

Reasons

We examine the grounds of appeal.

1. An appeal may be filed on the ground that the judgment of the court below has affected the conclusion of the judgment, only in cases where the punishment of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years has been pronounced, according to Article 383 subparagraph 4 of the Criminal Procedure Act in violation of the Act on

Therefore, in this case where a more minor fine is imposed on the defendant, the argument disputing the fact-finding of the court below without any specific argument about the violation of the law of the court below is not a legitimate ground for appeal.

2. The essence of an appeal by a defendant of special violence is to correct a disadvantageous original judgment and request a judgment favorable to him/her, and there is no right to make an appeal unless the judgment is unfavorable to himself/herself.

The appeal by the defendant against the judgment of innocence, which is the most favorable to the defendant, is unlawful, and the defendant is dismissed, and the judgment of dismissal of prosecution is deviating from the risk of conviction, so the judgment cannot be deemed to be a judgment disadvantageous to the defendant, and thus

(See Supreme Court Decision 2017Do13029 Decided May 30, 2019. According to the record, the first instance court rendered a judgment of innocence on the part of the facts charged on the ground that there is insufficient evidence to acknowledge that the Defendant carried dangerous objects at the time of assaulting the victim among the facts charged in the instant case, and rendered a judgment of not guilty on the ground that the victim does not want punishment for the crime of assault included in the facts charged.

The prosecutor appealeds on the grounds of mistake of facts and unreasonable sentencing, but the court below dismissed the prosecutor's appeal.

Therefore, the judgment of the court below in this part cannot be seen as a judgment disadvantageous to the defendant, so the defendant has no right to appeal against it, and the victim's statement is different from the fact.

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