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(영문) 대법원 2013.09.12 2013도7352
사기등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In light of the records, we affirm the court below's rejection of the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as alleged in the ground of appeal.

Meanwhile, according to the records, the defendant appealed against the judgment of the first instance, and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such cases, it is not allowed to appeal to the Supreme Court on the ground that the lower court erred by mistake or misunderstanding of legal principles.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may be filed only where the court below rendered a death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where the defendant was sentenced to a minor punishment, the grounds for the imposition of punishment excessively unreasonable are not legitimate grounds

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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