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(영문) 대법원 2013.05.23 2013도3425

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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 to have rejected the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law that did not recognize mental and physical disorder as

In addition, the argument that there is an error of law in the misapprehension of legal principles as to habituality in the judgment of the court below is not a legitimate ground of appeal, which is alleged in the ground of appeal by the defendant, or by the court below's decision that it is not subject to adjudication

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 amount of punishment is unreasonable

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.