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(영문) 대법원 2014.04.10 2014도2278

특정범죄가중처벌등에관한법률위반(절도)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's assertion about mental disorder is just for the reasons stated in its reasoning, and there is no error of misconception of facts or incomplete hearing as to mental disorder as alleged in the grounds of appeal.

Meanwhile, the argument that the judgment below erred in incomplete deliberation on the conditions of sentencing constitutes the allegation of unfair sentencing.

According 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

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