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(영문) 대법원 2014.07.10 2014도3594
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

Examining the reasoning of the judgment below in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapons, etc.) among the facts charged of this case. Contrary to what is alleged in the ground of appeal, the court below did not err by misapprehending the bounds of the principle of free evaluation

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no error of misconception of facts or

Meanwhile, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unreasonable

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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