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(영문) 대법원 2013.08.23 2013도7162
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of violating the Punishment of Violences, etc. Act (Intimidation by collective weapons, etc.) and the Punishment of Violences, etc. Act among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, the court below did not err by misapprehending the legal principles on facts or exceeding the bounds of the principle of free evaluation of evidence

In addition, examining the reasoning of the lower judgment in light of the records, it is justifiable for the lower court to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning, and it did not err by failing

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. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable is not

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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