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(영문) 대법원 2014.05.16 2014도3525
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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 claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error of misconception of facts as to the mental and physical disorder as alleged in

In addition, all of the arguments in violation of the legal principles as to dangerous articles and the principle of liability as to injury under Article 3 (1) of the Punishment of Violences, etc. Act cited as the grounds of appeal are asserted in the grounds of appeal only in the absence of the defendant's grounds of appeal or the court below's judgment is subject to an ex officio judgment, and it is not a legitimate ground of appeal, and there is no violation of law

Meanwhile, 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 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

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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