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(영문) 대법원 2013.12.12 2013도11300

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, the court below is just in rejecting the defendant's assertion on mental and physical disability based on the circumstances in its reasoning, and the judgment below did not recognize mental and physical disability.

In addition, the argument that the court below erred in deviating from discretion in determining the punishment against the defendant is the argument of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in the case where a more minor sentence has been imposed against the defendant, the argument that the sentencing of the

Furthermore, even after examining the record, the lower court did not err by misapprehending the legal doctrine as alleged by the state appointed defense counsel.

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