특정범죄가중처벌등에관한법률위반(절도)등
All appeals are dismissed.
The name of the case in the judgment below.
The grounds for appeal are examined.
1. According to Article 383 subparag. 4 of the Criminal Procedure Act as to the grounds for appeal by Defendant A, an appeal on the ground that there is a misunderstanding of a serious fact in the judgment of the court below or the sentencing is unfair may be filed only for a case on which the judgment of the court below is sentenced to death penalty, life imprisonment, or imprisonment or imprisonment
In this case where the above defendant was sentenced to a more minor punishment, the argument that the punishment is too unreasonable is not a legitimate appeal as prescribed in the above provision.
In addition, the above defendant committed the crime of this case in the cover of the grounds for appeal, "the defendant's mental or physical loss or mental weak condition (the state of drunk or mental disorder)".
Since the phrase “only stated as “,” and did not state specific reasons therefor, it cannot be deemed as a legitimate ground for appeal, and it does not constitute a legitimate ground for appeal even if it contests the lower court’s factual recognition as to the allegation of mental or physical disorder.
In addition, the argument that the court below erred by misunderstanding the legal principles on the violation of the Guarantee of Automobile Compensation Act, is not a legitimate ground for appeal, since the above defendant alleged that it was the ground for appeal or that it was not subject to a judgment ex officio by the court below.
2. According to the records on the grounds of Defendant E’s appeal, the above Defendant appealed against the judgment of the first instance, and asserted misunderstanding of the legal principles on the grounds of appeal along with unfair sentencing on the grounds of appeal, but withdrawn misunderstanding of the legal principles on the first trial date of the lower court.
In such a case, the allegation that the lower court erred by mistake of facts or by misapprehending the legal doctrine is not a legitimate ground for appeal.
In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be limited to cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is sentenced.