폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
All appeals are dismissed.
1. First, Defendant A’s grounds of appeal are examined.
According to the records, Defendant A appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.
In such cases, the argument that the lower court erred in the misapprehension of legal principles as to the crime of violation of the Punishment of Violences, etc. Act or in mistake of facts is not a legitimate ground for appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed against Defendant A, the argument that the amount of punishment is unreasonable cannot be
2. Next, Defendant B’s grounds of appeal are examined.
According to the records, Defendant B appealed against the judgment of the first instance, and asserted mental and physical disability as well as unreasonable sentencing as the grounds for appeal, but at the first trial of the lower court, Defendant B withdrawn the claim of mental and physical disability and left the grounds for unfair sentencing as the grounds for appeal.
In this case, the argument that the court below erred in the misapprehension of the legal principles as to the crime of violation of the Punishment of Violences, etc. against Victims I in the facts charged of this case (a crime of injury by a deadly weapon, etc.) and the violation of the Punishment of Violences, etc. Act (a crime of injury by a deadly weapon, etc.) in the judgment of the court below is not a legitimate ground for appeal.
Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.
In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of punishment is unfair in this case where Defendant B was sentenced to more minor punishment