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(영문) 대법원 2014.04.24 2014도2821
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the judgment below 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 (a collective deadly weapon, etc.) among the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to dangerous goods in the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) by

In addition, the argument that there is an error of misconception of facts or misunderstanding of legal principles as to mental retardation is not a legitimate ground for appeal, as it is alleged in the ground of appeal by the defendant, or by the court below that it is not subject to adjudication ex officio.

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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