beta
(영문) 대법원 2015.04.23 2015도3314

특정범죄가중처벌등에관한법률위반(운전자폭행등)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning, the lower court is justifiable to have convicted all of the charges of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Drivers, etc.) and obstruction of the performance of official duties among the charges of this case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle

On the other hand, according to the records, the defendant appealed against the judgment of the first instance, and asserted mental and physical disability along with unfair sentencing as the grounds for appeal, but withdrawn the grounds for appeal as to mental and physical disorder during the first trial of the court below.

In such a case, the argument that the judgment of the court below contains an error of mistake or misapprehension of legal principles as to mental disorder is not a legitimate ground for appeal.

In addition, pursuant to 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 more 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 the

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