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(영문) 대법원 2013.09.26 2013도8235

The appeal is dismissed.


The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and asserted only unfair sentencing as the grounds for appeal.

In such a case, there is an error of not recognizing mental disorder in the judgment below.

The assertion that Article 11 of the Criminal Act or Article 11 of the Criminal Act does not apply mutatis mutandis is not a legitimate ground for appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be 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.