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(영문) 대법원 2013.03.14 2013도613

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, the court below's finding the defendant guilty of each of the facts charged in this case for the reasons stated in its holding is acceptable, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the principle of evidence judgment or by misapprehending the relevant legal principles by violating the rules of logic and experience.

On the other hand, among the grounds of appeal, that there is an error of law in misconception of facts as to the violation of the Punishment of Violences, etc. Act among the facts charged in this case, the defendant's ground of appeal is alleged as the grounds of appeal, or that the court below did not consider it as the subject of judgment ex officio, and thus,

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the ground that the amount of the

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