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(영문) 대법원 2013.04.26 2013도3061
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, the court below's finding the defendant guilty of the facts charged in this case and rejecting the defendant's assertion about mental and physical disorder based on its stated reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending facts or by failing to exhaust all necessary deliberations as to the mental and physical disorder.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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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