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(영문) 대법원 2014.12.11 2014도13725

폭력행위등처벌에관한법률위반(집단ㆍ흉기등체포)교사등

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All appeals are dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendants appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

In addition, under 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed, and thus, the determination of the sentence is unreasonable in this case where

In the same purport, all the arguments that the court below imposed a punishment on Defendant E and significantly lost equity compared with the accomplice cannot be a legitimate ground for appeal as provided in the above provision.

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