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(영문) 대법원 2013.11.28 2013도11294

폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등

Text

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 the charges of this case on the grounds as stated in its reasoning. In so doing, the court below did not err by misapprehending the legal principles as to the "hazardous carry of dangerous objects" in the crime of violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) and the intention of unlawful acquisition in larceny.

Further, among the grounds of appeal, the argument that the court below erred and did not exhaust all necessary deliberations on the basic facts which are the conditions for sentencing constitutes the argument 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 more than ten years is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

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