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(영문) 대법원 2013.09.26 2013도9147

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower court in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have rejected the Defendant’s assertion of self-defense as to the violation of the Punishment of Violences, etc. Act among the facts charged in the instant case, and contrary to what is alleged in the grounds of appeal, the lower court did not err in

In addition, pursuant to 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 more 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 amount of punishment is unreasonable

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