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(영문) 대법원 2015.12.23 2015도16889
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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

In such a case, the court below's argument that there is an error in the rules of evidence, a violation of the rules of evidence, or a misapprehension of the legal principles

In addition, examining the reasoning of the lower judgment in light of the records, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder on the grounds as stated in its reasoning.

On the other hand, the argument that the judgment of the court below contains an error of law such as incomplete deliberation on basic facts, misunderstanding of facts, or misunderstanding of legal principles constitutes an unreasonable sentencing argument

However, 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 not less 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 sentencing of the 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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