beta
(영문) 대법원 2013.03.28 2013도1051

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant did not explicitly state his mental and physical disorder in the first instance trial, and the defendant appealed from the judgment of the first instance, but only asserted unfair sentencing as a reason for appeal. Thus, the ground of appeal that the judgment below erred in incomplete deliberation or omission of judgment, etc. is not acceptable.

Furthermore, even after ex officio examination of the criminal defendant's mental and physical condition at the time of committing the crime.

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