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(영문) 대법원 2013.11.14 2013도11950
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment in light of the evidence duly admitted by the first instance court and the lower court, it is justifiable for the lower court to have convicted all of the facts charged in the instant case (excluding the portion of innocence) on the grounds

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules or by misapprehending relevant legal principles.

In addition, the argument that the defendant was in a state of mental disorder at the time of committing each of the crimes in this case is asserted only in the final appeal to the effect that the defendant did not regard it as the grounds for appeal or that the court below did not consider it as the subject of ex officio

Meanwhile, according to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable cannot be a legitimate ground for appeal.

Therefore, by the assent of all participating Justices, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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