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(영문) 대법원 2015.05.28 2015도4452
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

The appeal is dismissed.

Reasons

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

The judgment below

Examining the evidence duly admitted by the court of first instance, which maintained the reasoning of the court below, the court below was just in finding the defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapons, etc.) among the facts charged in the instant case on the grounds stated in its reasoning, and there is no error of law by misapprehending the rules of logic and experience and free evaluation of evidence 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

In addition, the argument that the defendant requests the designation of the sentencing date to prevent the invalidation of the suspended sentence, does not constitute a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

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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