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(영문) 대법원 2014.09.04 2014도7659
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there is no error of misapprehending the legal principles as to the crime of violating the Punishment of Violences, etc. Act (a collective weapon, etc.) by misunderstanding facts against logical and empirical rules.

In addition, among the grounds of appeal, the argument that the court below did not consider the defendant in a state of mental disorder under the influence of alcohol is not a legitimate ground of appeal, as alleged in the ground of appeal by the defendant, or by the court below which was not subject to adjudication

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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. As such, in this case where a more minor sentence has been imposed on the Defendant, the argument that the Defendant’s punishment is too unreasonable cannot

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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