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(영문) 대법원 2016.04.28 2016도2871
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental documents not timely filed).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the changed facts charged of this case guilty on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles on the legality of arrest in the act of committing an act of crime of violation of the law of logic and experience, or by misapprehending the legal principles on the legality of arrest in the act of crime of violation of the law

On the other hand, according to the records, the defendant appealed against the judgment of the first instance, and argued only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court did not recognize a mental disorder is not a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

B. Regarding the jurisdiction of the Supreme Court, the Constitution does not have any provision except the provisions of Article 107(2). Since the matters concerning the jurisdiction of the Supreme Court other than the above provisions can be prescribed by the Constitution, the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, as well as Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, shall be deemed to belong to the territory of the freedom of formation permitted to the legislative authority. Thus, the provisions of the above Act are Article 101(2) of the Constitution or the Supreme Court.

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