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(영문) 대법원 2013.12.12 2013도11609
특정범죄가중처벌등에관한법률위반(운전자폭행등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning, and there is no violation of the principle of free evaluation of evidence against logical and empirical rules.

On the other hand, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's assertion as to the mental disorder, and there is no error of misconception of facts or misapprehension of legal principles as to

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only when the court below rendered a sentence of death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed on the grounds that the amount of punishment is unreasonable in this case

Finally, the argument that the defendant's act constitutes a justifiable act is not a legitimate ground of appeal, as it is alleged in the ground of appeal that the defendant did not consider it as a ground of appeal or that the court below did not consider it as a subject of

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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