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(영문) 대법원 2013.03.14 2013도912
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, we affirm the judgment of the court below that rejected the defendant's assertion that he was in a state of mental disorder at the time of the crime of this case, and there is no error of law by misunderstanding

In addition, the argument that the court below erred by misapprehending the legal principles on the examination of sentencing and the method of determining sentencing by infringing on the essential contents of the principle of balanced sentencing or responsibility in determining the punishment against the defendant constitutes an argument of unfair sentencing.

I would like to say.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been sentenced. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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