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(영문) 대법원 2015.03.26 2015도1502
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court determined that the Defendant did not have a mental and physical state at the time of committing the instant crime in light of the form and method of the instant crime, and the Defendant’s behavior before and after the instant crime.

Upon examining records, the judgment of the court below is just, and there is no error of law by misunderstanding the legal principles on mental and physical disorder.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only when the death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

In addition, the argument that the defendant's sentence after the expiration of the period of suspended sentence sentenced to another defendant's case cannot be a legitimate ground for appeal.

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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