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(영문) 대법원 2014.04.30 2014도3287

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the evidence duly admitted by the court below in light of its reasoning, the court below was justified in finding the Defendant guilty of each of the facts charged in the instant case on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by failing to exhaust all necessary deliberations and by misunderstanding facts in violation of logical and empirical rules.

Meanwhile, the argument that the judgment of the court below contains an error of law in incomplete deliberation as to mental disorder is not a legitimate ground for appeal, which is alleged in the ground of appeal by the defendant, or by the court below that there is no error of law as to the judgment.

Furthermore, even if ex officio review is conducted, there is no error as alleged in the judgment below.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less

Therefore, in this case where a more minor punishment is imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court for the reason that the amount of punishment is unreasonable.

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