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(영문) 대법원 2013.06.14 2013도4189
강도상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of the injury by robbery among the facts charged in the instant case on the grounds as stated in its reasoning, and there was no error by misapprehending the legal principles on injury by robbery.

The judgment below

Upon examining the reasoning in light of the record, it is just that the court below rejected the defendant's argument about the defendant's mental disorder and recognized that the defendant was in a state of mental disorder at the time of committing the robbery in this case, and there was no error in the judgment.

Meanwhile, 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, the determination of the sentence is unreasonable in this case where

In the same purport, the assertion that there was an error that deviatess from sentencing discretion 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.

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