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(영문) 대법원 2014.09.04 2014도9450

폭력행위등처벌에관한법률위반(상습폭행)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected Defendant’s assertion as to Defendant’s mental disorder on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment as to the mental and physical disorder, contrary to what is alleged in the grounds of 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. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the determination of 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.