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(영문) 대법원 2015.05.28 2015도5113
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The appeal is dismissed.

The judgment of the court of first instance indicated in the judgment of the court of first instance is "Seoul Northern District Court, Seoul Northern District Court, 2014 High Court, October 24, 2014.

Reasons

We examine the grounds of appeal.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, and the judgment of the court below has affected the judgment or the amount of punishment has been extremely unreasonable. Thus, in this case where the defendant was sentenced to a minor punishment, the defendant has no habit of violence against the defendant, and there has not been no threat against the victim like the facts charged.

The argument that punishment is too unreasonable shall not be a legitimate ground for appeal.

Furthermore, even upon examining records, the lower court did not err by misapprehending the legal doctrine as alleged in the grounds of appeal.

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench on the ground that there is an obvious error in the indication of the judgment of the first instance.

May 28, 2015

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