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(영문) 대법원 2015.12.10 2015도15964
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 41(1) of the Criminal Procedure Act provides that "The judgment shall be signed and sealed by a judge." In this context, a judge refers to a judge who has participated in the trial of a case and has participated in the internal establishment of a trial. According to the judgment below and the records, it is clear that the judge involved in the trial of the defendant on the second trial date of the court below has signed and sealed the judgment of the court below at the time of the closure of pleadings. Thus, the judgment of the court below does not contain an error of law by signing and

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 punishment is too unreasonable cannot be

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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