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(영문) 대법원 2013.07.25 2013도6635
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while appealed from the judgment of the first instance, the defendant asserted mistake of facts and misapprehension of legal principles as well as unfair sentencing as the grounds for appeal, but withdrawal of the grounds for appeal of mistake of facts and misapprehension of legal principles during the first trial of the original instance, and only left the grounds for unfair sentencing.

In such a case, the argument that the judgment of the court below erred in the misapprehension of the legal principles as to legitimate acts and self-defense due to violation of the rules of evidence and incomplete deliberation is not a legitimate ground for appeal.

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

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