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(영문) 대법원 2013.06.13 2013도2610
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the records in light of the relevant legal principles, the court below is just in finding the defendant guilty of the facts charged in this case on the grounds as stated in its reasoning, and contrary to the allegations in the grounds of appeal, there are no errors of misapprehending the legal principles as to dangerous goods or injury in the crime of violating the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

Furthermore, the argument that the defendant was in a state of mental disorder at the time of the instant case is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that the court below did not consider it

In addition, even if the record is examined ex officio, such assertion by the defendant cannot be accepted.

On the other hand, the argument that the illegality of the judgment of sentencing due to the incomplete hearing is ultimately attributable to the purport that the sentencing is unfair.

However, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed in cases where the court below rendered a sentence of death penalty or imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, the grounds alleged by the defendant in this case where the defendant was sentenced to more minor punishment

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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