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(영문) 대법원 2014.01.23 2013도15032
사기등
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 this case, the argument that the defendant was in a state of mental disability at the time of committing each of the crimes in this case cannot be a legitimate ground for appeal.

Furthermore, even if the defendant examined, it does not seem that he was in a state of mental disability at the time of each crime of this case.

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 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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