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(영문) 대법원 2013.03.28 2013도966

절도등

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 to have rejected the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law such as misunderstanding of legal principles as

According to the records, the defendant asserted a mistake of facts as well as mental and physical disorder and unreasonable sentencing as the grounds for appeal against the judgment of the court of first instance on December 21, 2012, but withdrawn the assertion of mistake of facts as alleged in such assertion on the first day of the court of first instance on December 21, 2012. In such a case, the argument that the

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 the

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