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(영문) 대법원 2014.09.04 2014도7989

특정범죄가중처벌등에관한법률위반(절도)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the lower court, based on its reasoning, did not have the ability to discern things or make decisions due to drinking at the time of the instant crime.

It is just to determine that there was no or weak state, and there is no error of incomplete deliberation as to mental and physical disorder.

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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of the sentence is unreasonable in this case where

The argument that there is an incomplete hearing on the grounds for sentencing shall not be 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.