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(영문) 대법원 2014.10.27 2014도11148

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

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 to have rejected the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error in the misapprehension of legal principles as to mental and physical disorder

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which 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 permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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