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(영문) 대법원 2013.07.25 2013도6615
공갈등
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 mental and physical argument on the grounds of its stated reasoning is just and there is no error of law by misunderstanding legal principles as to mental and physical disorder

On the other hand, the argument that the detention procedure against the defendant is unlawful is not a legitimate ground for appeal, as it is alleged in the ground of appeal that the defendant did not consider it as the ground for appeal or that the court below did not consider it as an ex officio

Furthermore, even if the record is examined, it is not illegal in the detention procedure against the defendant.

In addition, the argument that the judgment of the court below contains an error of incomplete deliberation or omission of judgment on the sentencing conditions constitutes an argument of unfair sentencing.

However, 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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