beta
(영문) 대법원 2014.02.13 2013도15844

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendants guilty of all the charges of this case on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there is no violation of the principle of free evaluation of evidence against logical

Meanwhile, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected Defendant B’s assertion on mental and physical disability, and there is no error of misconception of facts or misunderstanding of legal principles as to mental and physical disability.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a fine has been imposed on the Defendants, an appeal is not allowed to be filed

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