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(영문) 대법원 2017.06.19 2017도5944
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In the statement of reasons for appeal, the defendant asserted mental and physical disorder along with the unfair sentencing for reasons of appeal, and there is no express statement that the defendant should withdraw his mental and physical disorder on the first trial date of the court below.

However, the court below rejected the defendant's appeal on the ground that the defendant and his defense counsel stated that the defendant's appeal was unfair in sentencing, and rejected the defendant's appeal on the ground that the defendant's appeal was unfair in sentencing.

However, in light of various circumstances, such as the circumstances of each of the instant crimes, method of commission of the crime, the act of the Defendant before and after the crime, the circumstances after the crime, the mental condition of the Defendant, etc., the Defendant was physically and mentally deprived or physically weak at the time of the

It is difficult to see it.

The omission or failure of the judgment of the court below on this point does not affect the conclusion of the judgment.

According to Article 383 (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 declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the 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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