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(영문) 대법원 2014.03.27 2014도775

특수절도미수

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 assertion on mental and physical disability based on the circumstances in its holding, and there is an error of law as alleged in the grounds of appeal.

subsection (b) of this section.

In addition, the argument that the judgment of the court below did not fully consider Article 51 of the Criminal Act concerning the conditions of sentencing is the argument of unfair sentencing.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

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