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(영문) 대법원 2017.02.09 2016도19579
퇴거불응등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court rejected Defendant’s mental and physical disability assertion on the grounds indicated in its reasoning.

In light of the relevant legal principles and records, the lower court did not exhaust all necessary deliberations as alleged in the grounds of appeal, and did not err by misapprehending the legal doctrine on free act in the grounds of Article 10(3) of the Criminal Act, or by misapprehending the rules of logic and experience.

In addition, pursuant to 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 not less than ten years has been imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair is not a legitimate

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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