logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.04.11 2013도1976
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly admitted by the court below, the court below's determination that all of the charges of this case is guilty is just and there is no error of law by misunderstanding facts or failing to exhaust all necessary deliberations in violation of logical and empirical rules.

Meanwhile, according to the records, the defendant appealed against the judgment of the court of first instance and asserted only mistake of facts and unreasonable sentencing as the grounds for appeal. In such a case, the argument that the judgment of the court below did not recognize mental and physical disability is not a legitimate ground for appeal.

In addition, the argument in the grounds of appeal concerning the conditions of sentencing is the argument of unfair sentencing, and under Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the above argument in this case where the defendant was sentenced to more minor punishment is not a legitimate ground

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

arrow