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(영문) 대법원 2014.07.10 2014도5837

현주건조물방화등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, the court below is justified to have rejected the defendant's assertion on the mental and physical disorder based on its stated reasoning.

In so doing, contrary to the allegations in the grounds of appeal, there are no errors by misapprehending the legal principles or finding facts about mental disorder.

On the other hand, the argument that the lower court erred in finding facts or misunderstanding legal principles as to the circumstances affecting the sentencing is attributable to the allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where the court below rendered a judgment of death penalty, imprisonment with or without prison labor for life or for not less than ten

Therefore, in this case where a more minor punishment is imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court for the reason that the amount of punishment is unreasonable.

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