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(영문) 대법원 2013.07.11 2013도5232
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The judgment below

In light of the records, the court below's rejection of the defendant's argument about the mental disorder on the grounds of its stated reasoning is just and there is no error of misconception of facts or misapprehension of legal principles as to the mental disorder as alleged in the grounds of appeal.

In addition, according to the records, the defendant asserted that he denies habitualness along with the mental and physical disorder and the allegation of unfair sentencing in the statement of grounds for appeal. The defendant did not clearly withdraw the above assertion on the trial date of the court below, and the court below rejected the defendant's appeal on the sole basis of the defendant's mental and physical disorder and the assertion of unfair sentencing. The court below dismissed the defendant's appeal without deciding

However, in light of the defendant's criminal records and criminal records, which can be seen by the records, the defendant's theft wall is sufficiently recognized, and such omission of judgment by the court below does not affect the conclusion of the judgment.

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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