beta
(영문) 대법원 2014.09.04 2014도8406

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 assertion about the mental and physical disorder on the grounds of its stated reasoning is just, and there is no error of law by failing to exhaust all necessary deliberations as to mental and physical disorder

In addition, the argument that the court below violated the principle of balanced criminal punishment and the principle of accountability in determining the punishment against the defendant is ultimately an unreasonable sentencing argument.

However, 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 not less 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 sentencing of the

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