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(영문) 대법원 2013.03.14 2013도556
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The defendant appealed against the judgment of the court of first instance and asserted only mental disorder or unreasonable sentencing as the grounds for appeal. In this case, the argument that the judgment of the court below erred by misapprehending the legal principles as to Article 3 (1) of the Punishment of Violences, etc. Act shall not be a legitimate ground for appeal.

In addition, considering the circumstances revealed in the records, such as the background leading up to each of the crimes in this case, the method of crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, it is difficult to view that the defendant was in the state of mental disorder or mental disorder at the time of each of the crimes in this case, and therefore, there is no error of law by misunderstanding the legal principles on mental disorder

Meanwhile, 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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