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(영문) 대법원 2015.11.26 2015도14472

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 in maintaining the first instance judgment convicting the Defendant of the instant facts charged on the grounds set forth in its reasoning, and did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

In addition, the argument that the judgment of the court below erred in omitting judgment on the grounds for sentencing constitutes the allegation of unfair sentencing.

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 punishment

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