beta
(영문) 대법원 2016.03.10 2015도20198

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the circumstances revealed in the record, such as the background leading up to the instant crime, method of commission of the crime, the act of the accused before and after the instant crime, and the circumstances after the crime, the Defendant was physically and mentally deprived at the time of the instant crime.

Therefore, the judgment of the court below did not recognize the defendant's mental and physical loss.

subsection (b) of this section.

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.