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(영문) 대법원 2013.08.22 2013도7443
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The appeal is 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 rejecting the Defendant’s assertion on the mental and physical disorder on the grounds stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of

Meanwhile, the argument that there was an error of deviation from the sentencing discretion of the lower court is an assertion of unfair sentencing. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the sentencing of the sentence is unfair is not legitimate grounds 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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