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(영문) 대법원 2017.11.23 2017도14872

현주건조물방화치상

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 in rejecting the defendant's argument about mental and physical weakness on the grounds of its stated reasoning, and it did not err by misapprehending the legal principles as to mental and physical weakness or by misapprehending the legal principles as alleged in the grounds of appeal.

In addition, the argument that the lower court erred in the determination of sentencing is ultimately unfair.

Accordingly, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been pronounced. As such, in the instant case where a minor sentence has been imposed against the Defendant, the argument that the amount of the punishment is unreasonable is not 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.