logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2015.02.16 2014도17268
폭력행위등처벌에관한법률위반(공동폭행)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 and mental disability as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

On the other hand, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's assertion on mental and physical disability, and there is no illegality of not recognizing mental and physical disability.

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, and thus, in this case where a fine has been imposed against the defendant, the argument that the punishment is too unreasonable

Other grounds for appeal by the defendant do not constitute legitimate grounds for appeal under each subparagraph of 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.

arrow