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(영문) 대법원 2013.06.13 2013도4034

강도상해등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly adopted by the court of first instance, the court below’s determination that all of the facts charged in this case was guilty on the grounds stated in its reasoning is just, and contrary to what is alleged in the grounds of appeal, the court below erred by misapprehending the law of logic and experience and exceeding the bounds of the principle of free evaluation of evidence or by misapprehending the relevant legal principles

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no violation

In addition, pursuant 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 more 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 that the sentencing of the

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