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(영문) 대법원 2013.05.24 2013도3702
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the circumstances revealed in the record, such as the background leading up to the crime, the behavior of the defendant at the time of the crime, the circumstances after the crime, etc., it is difficult to view that the defendant was under the influence of alcohol to have lost or weak capacity to discern things or make decisions, and therefore, the lower court cannot be deemed to have erred by not recognizing mental and physical disorder.

In addition, 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, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of

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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