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(영문) 대법원 2007.03.15 2007도1236
폭력행위등처벌에관한법률위반(집단.흉기등협박) 등
Text

The appeal is dismissed.

Among the detention days after appeal, the first instance court and the lower court shall be included in the original sentence.

Reasons

The grounds of appeal are examined.

In light of the records, the court below's judgment that found the defendant guilty by taking full account of the evidence presented by the court below and threatening the victim, is just and there is no violation of the rules of evidence as alleged in the grounds of appeal.

In addition, in this case where the defendant is sentenced to imprisonment for less than 10 years, the reason that the sentencing of the court below is too heavy cannot be a legitimate ground for appeal.

Therefore, the appeal shall be dismissed and the number of days of detention after the appeal shall be included in the original sentence. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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