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(영문) 대법원 2016.07.14 2016도5750
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning is just and there is no error of law by misunderstanding legal principles on mental and physical disorder as alleged in

Meanwhile, the argument that the crime is not constituted due to the lack of substantial illegality since the defendant led to confession and reflects the crime, is only based on appeal by the defendant, or the court below did not consider it as a subject of ex officio judgment, and it is not a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, a final appeal may be filed on the grounds of unfair sentencing. Thus, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for final 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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