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(영문) 대법원 2014.01.23 2013도14310
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court found the Defendant guilty of the instant charges on the grounds indicated in its reasoning.

The allegation in the grounds of appeal disputing the crime of injury is merely an error of the fact-finding by the fact-finding court in accordance with the principle of free evaluation of evidence, and even if the grounds of appeal are examined in light of the evidence duly admitted, the above judgment of the court below is not erroneous

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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