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(영문) 대법원 2013.12.26 2013도13446

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court is justifiable to have determined that all of the facts charged in this case is guilty. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules, or by misapprehending the legal doctrine on the crime of violation of the Act on

In addition, the argument about mental disorder cannot be a legitimate ground for appeal due to a new argument at the court of final appeal where the defendant did not take the ground for appeal, and even if examining the record, it cannot be deemed that the defendant was in a state of loss or lack of the ability to discern things at the time of committing the instant crime.

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.