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(영문) 대법원 2013.06.27 2013도4788

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the charged facts of this case guilty on the grounds as stated in its reasoning, and there were no errors of exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules or by misapprehending

In addition, 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of the sentence is unreasonable in this case where

In the same purport, the allegation that Article 51 of the Criminal Act was violated due to the failure to take into account all the circumstances on the condition of sentencing is not a legitimate ground for appeal.

On the other hand, the remaining grounds of appeal are not asserted in the grounds of appeal that the defendant did not consider it as the grounds of appeal or that the court below did not consider it as the subject of ex officio.

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