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(영문) 대법원 2014.06.12 2014도4657

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on mental disorder, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a minor sentence has been imposed against the defendant, the argument that the sentencing of the punishment

Meanwhile, according to the records, the defendant stated in the notice of the grounds of appeal that "the court below erred by violating the Constitution, laws, orders, and rules, or by misapprehending the legal principles, which affected the conclusion of the judgment," and did not state specific reasons, it cannot be deemed a legitimate ground of appeal.

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