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(영문) 대법원 2015.02.16 2015도93

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of all of the charges of this case in violation of the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.). In so doing, contrary to what is alleged in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence

In addition, pursuant to 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 more 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

On the other hand, there is no legitimate ground for appeal to the effect that the sentence of probation expires after the period of probation expires so that the sentence of probation is not invalidated.

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