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(영문) 대법원 2015.08.27 2015도9150
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground of appeal.

In addition, examining the circumstances that led to the instant crime, such as the background leading up to the instant crime, method of crime, the act of the Defendant before and after the instant crime, and the circumstances after the crime, it is difficult to view that the Defendant was in a state of mental disorder at the time of the instant crime, and there is no error in the judgment of the court below that

Meanwhile, the argument that the lower court erred by misapprehending the legal principles on the determination of sentencing constitutes the allegation of unfair sentencing.

However, 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 is unfair

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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