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(영문) 대법원 2015.06.24 2015도5867
폭력행위등처벌에관한법률위반(집단ㆍ흉기등감금)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 reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of the facts charged 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 bounds of the free evaluation of evidence against logical and empirical rules, or by misapprehending the legal principles

In addition, examining the reasoning of the judgment below in light of the records, we affirm the court below's rejection of the defendant's claim as to the mental and physical disorder based on the circumstances as stated in its holding, and there are no errors

The argument that the court below erred in the misapprehension of legal principles as to the injury in the crime of injury caused by confinement and the admissibility of evidence of the police's protocol of statement D is not a legitimate ground for appeal, since the defendant's ground for appeal is justified or the court below did not consider it as an object of judgment ex officio.

In addition, 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, and thus, in this case where a more minor sentence has been imposed on the defendant, the argument that 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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