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(영문) 대법원 2014.05.29 2014도3758

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the lower court, the lower court was justifiable to have convicted of violating the Narcotics Control Act among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence and exceeding the bounds of the logical and empirical rules, or by misapprehending the legal doctrine on the credibility

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where capital punishment, imprisonment for life, or imprisonment with or without prison labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed against 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.