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(영문) 대법원 2015.08.27 2015도9519

폭력행위등처벌에관한법률위반(공동상해)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no error of law as alleged in the grounds of appeal.

In addition, the court below did not combine the defendant with other cases since it belongs to the court's discretion to decide whether to combine the arguments.

Thus, this cannot be considered unlawful.

Meanwhile, the argument that there is an error in the misapprehension of legal principles as to aggravation of repeated crime among the grounds of appeal is not a legitimate ground of appeal since the defendant asserts that there is no ground for appeal or the court below did not consider it as a subject of judgment ex officio.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

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.