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(영문) 대법원 2014.09.04 2014도7961
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just to have rejected the defendant's assertion about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law by misapprehending the legal principles as to mental and physical disorder as

Meanwhile, the argument that there was an error of mistake of facts in the judgment of the court below is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground of appeal or that the court below was

Furthermore, even if ex officio examination is conducted, there is no error as alleged in the judgment below.

In addition, according 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 defendant’s punishment is too unreasonable

Meanwhile, in the appellate brief for Defendant’s submission, the part that “the court below erred by violating the Constitution, laws, orders, and rules, or by misapprehending the legal principles, which affected the conclusion of the judgment,” is merely stated in such assertion, and did not state specific reasons therefor, it cannot be deemed a legitimate ground for appeal.

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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