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(영문) 대법원 2016.10.27 2016도12736
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's assertion on mental and physical disability based on the circumstances as stated in its reasoning, and there is no violation of law that does not recognize mental and physical disability.

In addition, according to the records, the defendant appealed against the judgment of the first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts or by misapprehending the legal principles cannot be a legitimate ground for appeal.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentence is too unreasonable cannot

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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