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(영문) 대법원 2018.03.27 2018도1462
현주건조물방화치사등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of various circumstances such as the background of each of the instant crimes, method of commission of the crime, the Defendant’s act before and after the crime, and the circumstances after the crime, which can be seen by the evidence duly admitted by the court below, the Defendant was physically and mentally weak due to the mental illness at the time of each of the instant crimes, and was in a state of

Therefore, the ground of appeal disputing this cannot be accepted.

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

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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