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(영문) 대법원 2013.08.22 2013도6979
강도상해등
Text

All appeals are dismissed.

Reasons

The Defendants’ grounds of appeal are also examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendants guilty of injury by robbery against the victim'sO among the facts charged in this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the law of logic and experience and exceeding the bounds of the free evaluation of evidence or by misapprehending the legal principles

Meanwhile, Defendant A’s assertion of mental disorder is without merit as the grounds for appeal or as the subject of judgment ex officio by the court below, and it is not a legitimate ground for appeal, and it cannot be deemed that there was an error of not recognizing Defendant A’s mental disorder even after examining the record.

In addition, pursuant to 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 more 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 Defendants, the argument that the sentencing of punishment is unreasonable

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

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