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(영문) 대법원 2015.09.10 2015도9583
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the injury inflicted on the victim D among the facts charged in the instant case.

Examining the records and evidence, the lower judgment did not err by misapprehending the rules of logic and experience, contrary to what is alleged in the grounds of appeal.

Meanwhile, according to the records, the defendant appealed against the judgment of the court of first instance, and asserted unfair sentencing, mistake of facts, and mental or physical disorder as the grounds for appeal, but withdrawn the grounds for appeal as to mental or physical disorder during the third trial of the court below

In such a case, the argument that the judgment below did not recognize the legal principles or mental or physical disorder is not a legitimate ground for appeal.

Other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under 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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