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(영문) 대법원 2013.04.11 2013도2090

절도등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

The judgment below

Upon examining the reasoning in light of the record, the court below is just to have rejected the Defendant’s assertion on the mental and physical disorder based on its stated reasoning, and there was no error by misapprehending the legal principles or omitting judgment.

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