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(영문) 대법원 2014.06.26 2014도5020
폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등폭행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing with mental and physical disorder as the grounds for appeal.

In such a case, the court below erred by misapprehending the legal principles on self-denunciation.

The allegation that there was an error of misunderstanding of facts concerning the violation of the Punishment of Violences, etc. Act (a habitual collective weapon, etc.) and the violation of the Punishment of Violences, etc. Act (a habitual assault) among the facts charged in the instant case does not constitute a legitimate ground for appeal.

In addition, examining various circumstances, such as the background and method of each of the instant crimes, the Defendant’s act before and after the crime, and the circumstances after the crime, which the first instance court maintained by the lower court revealed by the evidence duly admitted, it is difficult to view that the Defendant was in a state of mental or physical disability at the time of each of the instant crimes.

Therefore, the judgment of the court below which did not recognize mental illness does not err as alleged in the grounds of appeal.

Meanwhile, the argument that the lower court erred by exceeding the bounds of the principle of balanced criminal punishment, the principle of responsibility, and the principle of equality through insufficient deliberation on the sentencing conditions is ultimately an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been sentenced. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the defendant’s punishment is too unreasonable

Other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

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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