logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.03.28 2013도1163
특정범죄가중처벌등에관한법률위반(절도)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. According to the records as to Defendant A’s assertion of mistake of facts or misapprehension of legal principles, the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal. In such a case, the allegation that the judgment of the court below erred by mistake of facts or misapprehension of legal principles is not a legitimate ground

2. Examining the reasoning of the lower judgment regarding the Defendant C’s mental and physical disorder in light of the record, the lower court is justifiable to have rejected the Defendant’s assertion regarding the mental and physical disorder on the grounds of its stated reasoning, and the lower judgment cannot be deemed to have

3. As to the defendants' assertion of unfair sentencing, the argument of incomplete deliberation on the conditions of sentencing is ultimately an argument of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only for a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed on the defendants, the argument that the amount of punishment is unfair is not legitimate

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

arrow