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(영문) 대법원 2015.07.23 2015도7455
특정범죄가중처벌등에관한법률위반(절도)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below contains an error of mistake or misapprehension of legal principles as to mental disorder is not a legitimate ground for appeal.

Furthermore, even after ex officio examination, the lower court did not err in its judgment that recognized the Defendant as a mental and physical disability, as alleged in the grounds of appeal.

In addition, the argument that the judgment of the court below is erroneous in the misapprehension of legal principles as to sentencing is ultimately an unreasonable sentencing argument.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed is allowed to file an appeal on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the

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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