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(영문) 대법원 2014.06.12 2014도4661
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)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 is just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning, and there is no violation of the law of logic and experience and free evaluation of evidence.

On the other hand, according to the records, the defendant appealed against the judgment of the first instance, and argued only mistake of facts and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below erred in omission of judgment or incomplete deliberation or misunderstanding of legal principles is not a legitimate ground for appeal.

The other grounds of appeal asserted by the defendant cannot be a legitimate ground of appeal as stipulated in Article 383 of the Criminal Procedure Act.

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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