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(영문) 대법원 2014.06.12 2014도4310

현주건조물방화미수

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine regarding mental disorder or by failing to exhaust all necessary deliberations, contrary to what is alleged in the grounds of appeal.

Meanwhile, the argument that the court below failed to exhaust all necessary deliberations on the conditions of sentencing or deviates from discretion on sentencing constitutes the argument of unfair sentencing.

According 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument disputing the determination of the sentence of the court below, including the

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