폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
The appeal is dismissed.
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 is just in finding the defendant guilty of damage to special property or special assault among the modified facts charged for the reasons stated in its reasoning, and there is no error of law by misapprehending the legal principles as to the carrying of dangerous goods, as alleged in the ground of appeal.
In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.