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(영문) 대법원 2013.07.25 2013도6475
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the reasoning in light of the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder based on its stated reasoning.

Contrary to the allegations in the grounds of appeal, there are no errors.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

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

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