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(영문) 대법원 2013.04.11 2013도1722

폭력행위등처벌에관한법률위반(상습상해)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the record, it is justifiable for the lower court to have rejected the Defendant’s assertion on mental and physical disability based on the circumstances in its reasoning.

In so determining, contrary to the allegations in the grounds of appeal, there are errors.

subsection (b) of this section.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is 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 by the court below is unreasonable cannot be a legitimate ground for appeal.

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