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(영문) 대법원 2015.12.23 2015도17379
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

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 injury) among the facts charged in this case, and there is no error of law by misunderstanding the facts concerning excessive defense or by misapprehending the legal principles, contrary to what is alleged in

In addition, examining the reasoning of the judgment below in light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability, and there is no violation of law as alleged in the grounds of appeal

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 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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