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(영문) 대법원 2014.02.13 2013도14547
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about the mental disorder is just and there is no error of law such as misunderstanding of legal principles as to mental disorder or incomplete hearing.

In addition, the argument that the defendant requests an opportunity to get mental appraisal is not a legitimate ground for appeal.

In addition, under 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, the determination of the sentence is unreasonable in this case where

The allegation that the lower court’s judgment erred in its sentencing discretion does not constitute a legitimate ground of 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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