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(영문) 대법원 2014.02.13 2013도15292
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's assertion as to the defendant's mental health on the grounds of its stated reasoning is just and there is no error of incomplete deliberation or misapprehension of legal principles as to the mental health disorder.

Meanwhile, there is an error in the judgment of the court below as to sentencing.

The argument to the effect that punishment or punishment is too unreasonable is ultimately an argument of unreasonable sentencing.

According 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 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, the argument that the judgment of the court below did not recognize self-defense is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that the court below did not ex officio

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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