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(영문) 대법원 2014.09.04 2014도9481
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's mental and physical argument on the grounds of its stated reasoning, and there is no error of law as alleged in the grounds of appeal

In addition, the argument that the court below erred in the method of examining the sentencing and determining the sentencing constitutes the allegation of unfair sentencing.

However, 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 more 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 punishment is too unreasonable is not a legitimate

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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