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(영문) 대법원 2014.06.26 2014도4886
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. According to Article 383 subparag. 4 of the Criminal Procedure Act, in a case where a prosecuted case is sentenced to death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years, an appeal on the grounds of unfair sentencing is permitted. Thus, in the case where the defendant and the requester for medical treatment and custody (hereinafter “defendant”) rendered a minor sentence, the argument that the amount of punishment is unreasonable is not a legitimate ground

2. As long as the defendant files an appeal against a prosecuted case regarding a medical treatment and custody application case, the appeal shall be deemed to have been filed against the medical treatment and custody application case, but the petition of appeal or the appellate brief shall not state the grounds for objection to the appeal.

3. 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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