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(영문) 대법원 2015.09.24 2015도11746
특수절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just to have rejected the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as alleged in the grounds for

In addition, the court below did not combine the defendant with other cases since it belongs to the court's discretion to decide whether to combine the arguments.

Thus, this cannot be considered unlawful.

Meanwhile, the argument that the lower court erred in incomplete deliberation on sentencing conditions constitutes an allegation of unfair sentencing.

However, 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 the punishment

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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