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(영문) 대법원 2015.11.12 2015도14886

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's assertion as to mental disability on the grounds as stated in its reasoning is just, and there is no error of law by misapprehending the legal principles as to mental disorder as alleged in the

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

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