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(영문) 대법원 2016.02.18 2015도19116
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, while filing an appeal against the judgment of the first instance, the defendant asserted that the defendant violated law and misunderstanding of legal principles as well as mental disorder and unfair sentencing on the grounds of appeal, but at the first trial of the court below, the defendant withdrawn the grounds for appeal as to the violation of law and misunderstanding of legal principles

In such a case, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error

B. The argument that the lower court’s judgment erred in the misapprehension of the deliberation and fact-finding regarding the circumstances of sentencing is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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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