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(영문) 대법원 2014.07.24 2014도6989

폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted 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 holding, and there was no error of law by misapprehending the legal principles on “hazardous goods” under Article 3(1) of the Punishment of Violences, etc. Act

In addition, the argument that the court below erred in the misconception of facts due to the violation of the rules of evidence shall not be a legitimate ground for appeal, as it is alleged in the ground of appeal by the defendant as the ground for appeal or by the court below's decision.

Meanwhile, 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 amount of punishment is unreasonable cannot be

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