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(영문) 대법원 2015.05.14 2015도4168
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the court below is just in rejecting the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of incomplete deliberation as to the mental and physical disorder.

In addition, the argument that the court below erred by infringing on the defendant's right of defense in imposing punishment on the crime of obstruction of the performance of official duties of this case is ultimately an unreasonable sentencing argument.

However, according to 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the above argument 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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