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The appeal is dismissed.
Reasons
We examine the grounds of appeal.
According to the records, the Defendant, while filing an appeal, asserted mental and physical disorder, self-defense and excessive defense, along with the allegation of the misapprehension of legal principles as to the unfair sentencing in the judgment of the first instance on the case of Gwangju District Court 2013Hun-Ma739, etc. and the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) on April 18, 2013, the Defendant withdrawn the grounds for appeal as to mental and physical disorder, self-defense and excessive defense on the first trial date of the lower court, and on March 1, 2013, Gwangju District Court 2013Hun-Ma1622, the Defendant asserted only unfair sentencing, mental and physical disorder, and mistake of facts as the grounds for appeal.
In such a case, among the judgment below, there is a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) as of April 18, 2013 and the assault as of March 1, 2013, such as mental and physical disorder, mistake of facts, or misunderstanding of legal principles with respect to the remaining parts except for each part of the assault as of March 1, 2013, and a violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective weapon, etc.) as of April 18, 2013, and there is an error of law in the misapprehension of legal principles with respect
In addition, in light of the evidence adopted by the lower court, it is justifiable for the lower court to have found the Defendant guilty of both the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) as of April 18, 2013 among the facts charged in the instant case and the assault on March 1, 2013.
In so doing, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles on dangerous goods and the legal principles on mental and physical disorder in the crime of assault in violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.).
Meanwhile, Article 383 subparagraph 4 of the Criminal Procedure Act is applicable.