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(영문) 대법원 2014.02.13 2013도16077

상해등

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 argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as otherwise alleged in the

In addition, the argument in the grounds of appeal that the court below erred by misapprehending the legal principles on the method of sentencing review and sentencing determination, thereby infringing on the essential contents of the principle of balanced criminal punishment or the principle of accountability, constitutes an allegation of unfair sentencing.

However, 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 is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

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