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(영문) 대법원 2016.05.26 2016도4112
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 Defendant guilty of all the charges of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of free evaluation of evidence, or by misapprehending the legal principles on party defense or other relevant legal principles.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the defendant and the requester for the treatment and custody was sentenced to more minor punishment is not justifiable.

Other grounds of appeal shall not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

On the other hand, as long as the defendant and the requester of the medical care and custody file an appeal against the defendant's case, it is deemed that the appeal is filed against the case.

However, there is no indication of the grounds for appeal in the petition of appeal and there is no indication of the grounds for appeal in the petition of appeal.

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

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