폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
The appeal is dismissed.
The grounds of appeal are examined.
Examining the evidence of the first instance court’s adoption maintained by the lower court, the lower court’s finding the Defendant guilty of each of the instant charges on the grounds indicated in its reasoning is acceptable.
In so doing, contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts in violation of logical and empirical rules or by misapprehending the legal principles on self-defense or excessive defense.
Meanwhile, according to Article 383 subparag. 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 sentence is imposed on the defendant, it is not allowed to appeal to the Supreme Court for the above reasons.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.