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(영문) 대법원 2015.10.29 2015도13353
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

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

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

In addition, the argument that the defendant requests the designation of the sentencing date to prevent the invalidation of the suspended sentence imposed by the defendant does not constitute a legitimate ground for appeal under 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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