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(영문) 대법원 2013.09.12 2013도8458

강도상해등

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 to have rejected the defendant's assertion about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law by misapprehending the legal principles as to mental and physical disorder as

Meanwhile, the argument that the court below erred in misunderstanding of facts, misunderstanding of legal principles as to naval investigation, or violation of the rule of exclusion of illegally collected evidence is not a legitimate ground for appeal, as alleged in the ground of appeal by the defendant, or by the court below which did not consider it as being subject to ex officio.

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 amount of punishment is unreasonable

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