logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.09.10 2015도8519
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant’s grounds of appeal in light of the evidence duly admitted by the lower court, it is justifiable for the lower court to have convicted the Defendant of the facts charged of this case (excluding the portion of innocence) on the grounds as indicated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violating the Act on the Aggravated Punishment, etc. of Specific

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning, and there was no error of not recognizing

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 sentencing of the

2. Examining the reasoning of the judgment below in light of the records, it is justifiable for the court below to reverse the judgment of the court of first instance which acquitted the defendant on the violation of the Punishment of Violences, etc. Act (injury by collective deadly weapons, etc.) among the facts charged in the instant case, and

In so doing, contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the violation of the Punishment of Violences, etc. Act.

On the other hand, the prosecutor appealed the entire judgment of the court below, but there is no specific reason in the petition of appeal as to the conviction.

arrow