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(영문) 대법원 2015.08.27 2015도9589
상습절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant and his defense counsel asserted in the statement of grounds for appeal that each of the crimes of this case was committed in the state of mental disorder. On the first trial of the court below, the defendant and his defense counsel did not state the above statement of grounds for appeal and not clearly withdraw his claim as to mental disorder. The court below did not render a separate judgment as to the defendant's grounds for

However, even after examining the records, the omission of judgment by the court below is not likely to have influenced the conclusion of the judgment, since the defendant was in a state of mental disorder at the time of each of the crimes in this case.

Meanwhile, under 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 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 sentencing of the

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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