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(영문) 대법원 2015.04.23 2015도3326

특정범죄가중처벌등에관한법률위반(절도)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In this case, the argument that the judgment of the court below did not recognize the mental disorder of the defendant does not constitute a legitimate ground for appeal.

Furthermore, the lower court did not err in its determination as otherwise alleged in the grounds of appeal.

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Other grounds of appeal are not legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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