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(영문) 대법원 2013.07.12 2013도6044

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about the mental disorder on the grounds of its stated reasoning is just and there is no error of law by mistake of facts or misapprehension of legal principles as to mental disorder as alleged in

In addition, according to the records, the defendant alleged mental disorder and unreasonable sentencing in the court below as the grounds for appeal. Thus, the amount of damage was neglected in violation of the Punishment of Violences, etc. Act (the destruction of collective deadly weapons, etc.) which was only the first time in the court of final appeal.

The argument that it is improper to evaluate the defendant's act as "the act of carrying dangerous articles" does not constitute a legitimate ground for appeal.

In addition, the argument that the court below erred in the misapprehension of legal principles as to sentencing constitutes the argument of unfair sentencing.

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, may be appealed on the ground that the amount of punishment is extremely unreasonable. Thus, in this case where the defendant was sentenced to a minor punishment, the argument that the amount of punishment is unreasonable is not a legitimate

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