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(영문) 대법원 2014.05.29 2014도3358
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) among the facts charged in the instant case is recognized, and rejected the grounds of appeal on the mistake of facts that asserted

The allegation in the grounds of appeal is nothing more than disputing the judgment of the court below on the selection and probative value of evidence belonging to the free judgment of the fact-finding court. In light of the evidence duly admitted, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence or failing to exhaust all necessary deliberations.

In addition, pursuant to 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 more 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 amount of 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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