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(영문) 대법원 2014.11.27 2014도12869

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as otherwise alleged in the

In addition, according to the records, the defendant stated in the statement of the grounds for appeal that "the court below violated the Constitution, laws, orders, and rules, or did not state any specific grounds for the appeal, which affected the conclusion of the judgment." Thus, it cannot be viewed as a legitimate ground for appeal.

On the other hand, the argument that the court below's judgment of sentencing contains an error of mistake of facts constitutes an unfair sentencing recommendation.

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 not less 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 punishment

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