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(영문) 대법원 2015.05.28 2015도4431

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected the allegation in the grounds of appeal that the Defendant was in a state of mental disability at the time of each of the instant

The allegation in the grounds of appeal disputing such judgment of the court below is merely an error of the judgment of the court below as to the selection and probative value of the evidence belonging to the free judgment of the fact-finding court, and the reasoning of the judgment below is examined in light of the evidence duly admitted, and there is no error of law as to the judgment of the

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 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.