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(영문) 대법원 2016.02.18 2015도20339
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the defendant guilty of injury among the facts charged in this case on the grounds as stated in its reasoning, and contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by failing to exhaust all necessary deliberations.

In addition, the argument that the judgment of the court below is erroneous in the misunderstanding of legal principles as to the method of sentencing review and sentencing determination is ultimately unfair.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a minor sentence has been imposed against the Defendant, the allegation that the amount of the punishment is unfair does not constitute legitimate grounds for

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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