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(영문) 대법원 2014.09.24 2014도9482

폭력행위등처벌에관한법률위반(공동상해)

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 by misapprehending the legal doctrine on mental disorder, contrary to what is alleged in the grounds of 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 defendant’s punishment is too unreasonable

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