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(영문) 대법원 2016.06.09 2016도4525
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant's defense counsel asserted that sentencing is unfair in the statement of reasons for appeal, along with the argument that the defendant's mental disorder caused by brain damage would lead to each of the crimes of this case. On the trial date of the court below, the defendant argued that this is similar.

Nevertheless, the court below rejected the defendant's appeal on the ground that the defendant's appeal was an unfair argument for sentencing, and dismissed the defendant's appeal without determining the allegation as to mental or physical disorder.

However, in light of the background, method, and mode of act, etc. of the Defendant’s each crime known by the record, the Defendant had a mental and physical state at the time of the instant crime.

As such, the omission of judgment by the court below is not recognized, which affected the conclusion of the judgment.

subsection (b) of this section.

In addition, the argument that the judgment of the court below contains an error of law beyond the limit of the principle of free evaluation of evidence due to insufficient deliberation on important facts which are the basis of the determination of punishment is ultimately an unfair argument of sentencing.

Accordingly, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be permitted only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is pronounced.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair is not 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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