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(영문) 대법원 2013.09.26 2013도8620
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, Etc. (a collective injury, a deadly weapon, etc.) that inflicted an injury on a beer, among the facts charged in the instant case, was recognized,

The grounds of appeal disputing the conviction of the court below are merely an error of fact-finding by the fact-finding court in accordance with the principle of free evaluation of evidence, and even if the grounds of appeal alleged as the grounds of appeal are examined in light of the evidence duly admitted, the court below did not err by exceeding the bounds of the

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 amount of punishment is unreasonable

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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