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(영문) 대법원 2014.07.10 2014도5879
폭력행위등처벌에관한법률위반(상습상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the lower court, the lower court is justifiable to have determined that the instant facts charged were guilty on the grounds as stated in its reasoning, and contrary to what is alleged in the grounds of appeal, there were no errors of misapprehending the legal doctrine on the principle of habitualness or prohibition of double punishment in the crime of violating the logical and empirical rules or violating the Punishment of Violences, etc. Act.

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, in this case where a more minor sentence has been imposed on the defendant, the argument that the punishment is too unreasonable cannot be

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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