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(영문) 대법원 2013.08.23 2013도6778

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there were no errors by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal principles on dangerous articles in violation of the Punishment of Violences, etc. Act (

In addition, the argument about mental disorder in the grounds of appeal is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the grounds of appeal or that the court below did not consider it as an

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment or imprisonment 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 punishment is too unreasonable is not a legitimate ground for appeal.

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