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(영문) 대법원 2015.08.13 2015도8929

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Upon examining the records, the court below is just in rejecting the defendant's assertion on mental and physical disability based on its stated reasoning, and there is no error in violation of the rules of evidence regarding mental and physical disability.

In addition, the argument that the judgment of the court below is erroneous in incomplete deliberation on the grounds for sentencing is ultimately an argument of unfair sentencing.

However, according 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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