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(영문) 대법원 2015.07.09 2015도6709

폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속협박)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability based on its stated reasoning, and there is no error of law such as misunderstanding of legal principles as to mental and physical disability

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued for misunderstanding of facts with mental and physical disability and unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal concerning mistake of facts on the date of the first trial of the court below.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below 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.