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(영문) 대법원 2013.04.26 2013도2890
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant's argument that he was in a state of mental disorder under the influence of alcohol at the time of committing the instant crime along with unfair sentencing in the grounds for appeal. The court below dismissed the defendant's appeal without determining the assertion.

In light of this, the ground of appeal as to mental disorder includes the purport that the court below omitted the judgment on the grounds of appeal as to mental disorder.

However, in full view of the background and method of the instant crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, which were revealed by the evidence duly adopted and examined by the first instance court, it cannot be deemed that the Defendant was in the defectiveness or state of mental disability at the time of the instant crime.

Therefore, it shall not be deemed that the judgment of the court below contains any error of law that affected the conclusion of the judgment by omitting judgment.

In addition, the remaining grounds of appeal purporting that there was an error of violation of the rules of evidence in finding facts concerning the circumstances leading up to the Defendant’s crime of this case is nothing more than an assertion of criticism against the selection of evidence and the recognition of facts belonging to the exclusive jurisdiction of the lower court, which is a fact-finding court

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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