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(영문) 대법원 2014.04.10 2014도2384
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below contains an error of law such as misconception of facts or incomplete hearing about mental disorder is not a legitimate ground for appeal

In addition, under 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 not less 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 sentencing of the

In addition, even if the record is examined, there is no violation of law such as infringement of the defendant's right of defense in the court of first instance and the court below proceedings.

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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