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(영문) 대법원 2015.01.29 2014도14826

특정범죄가중처벌등에관한법률위반(도주차량)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance, and argued mistake of facts and mental disorder along with unfair sentencing as the grounds for appeal, but withdraws the allegation of mistake of facts and mental or physical disorder on the first trial date of the court below, and only left the grounds for unfair sentencing as the grounds for

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

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. As such, the argument that the sentencing of punishment is unreasonable is not a legitimate ground

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