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(영문) 대법원 2015.07.23 2015도7551
폭력행위등처벌에관한법률위반(상습상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the violation of the Punishment of Violences, etc. Act (Habitual injury) and the violation of the Resident Registration Act among the facts charged in the instant case on the grounds stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law on logic and experience and exceeding the bounds of the principle of free evaluation of evidence

In addition, the argument about mental disorder in the grounds of appeal is not legitimate grounds of appeal since the defendant's grounds of appeal are the grounds of appeal, or the court below did not consider it as the subject of judgment ex officio.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, pursuant to 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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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