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(영문) 대법원 2014.03.13 2014도292
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 determination that the defendant could not be deemed to have a mental disorder falling under the grounds for reduction or exemption of punishment under Article 10 of the Criminal Act, based on the circumstances in its holding, is justified in rejecting the defendant's assertion on mental disorder. In so doing, the court below did not err by failing to exhaust all necessary deliberations on

On the other hand, the argument that the lower court erred in incomplete deliberation on sentencing conditions constitutes an argument of unfair sentencing.

However, 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 above argument to the

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

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