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(영문) 대법원 2016.08.29 2016도9021
폭력행위등처벌에관한법률위반(집단ㆍ흉기등주거침입)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's argument about mental and physical weakness on the grounds of its stated reasoning is just, and there is no error of law by exceeding the bounds of the principle of free evaluation of evidence against the rules of logic and experience as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below contains an error of exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, as to the basic facts of sentencing, constitutes an unfair argument of sentencing.

Therefore, under 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of the punishment is unfair, including the above argument, is unfair

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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