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(영문) 대법원 2015.06.24 2015도5618

특정범죄가중처벌등에관한법률위반(절도)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the record, the court below is just in rejecting the defendant's assertion as to mental disability based on its stated reasoning, and there is no error of misconception of facts or misapprehension of legal principles as to mental disorder as otherwise alleged in

In addition, under 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 not less 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

In addition, in the appellate brief for Defendant’s submission, the part that “the court below violated the Constitution, laws, orders, and rules, or erred by misapprehending the legal principles, which affected the conclusion of the judgment,” is merely stated in such assertion, and did not state specific reasons therefor. Therefore, it cannot be deemed a legitimate ground for appeal.

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