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(영문) 대법원 2016.06.23 2016도5404
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendant case in light of the evidence duly admitted by the lower court and the first instance court, the lower court was justifiable to have determined that all of the charges of this case were guilty on the grounds indicated in its reasoning. In so doing, the lower court did not err by exceeding the bounds of free evaluation of evidence in violation of logical and empirical rules, or by exceeding the bounds of free evaluation of evidence, or by misapprehending the legal doctrine as to the establishment of

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, a final appeal may be filed on the grounds of an unfair sentencing. As such, the argument that the punishment is too unfair is not legitimate in this case where the defendant and the requester for the treatment and custody (hereinafter “defendant”) were sentenced to a more minor punishment.

2. Examining the reasoning of the lower judgment in light of the record, the lower court’s need for medical treatment and risk of re-offending against the Defendant for reasons indicated in its holding

It is reasonable to maintain the judgment of the first instance court ordering the treatment and custody as it is, and there is no error as alleged in the grounds of appeal.

3. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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