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(영문) 대법원 2014.09.26 2014도9036
상해치사
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 argument about the mental and physical disorder on the grounds of its stated reasoning is just and there is no error of misconception of facts or incomplete hearing as alleged in the grounds of appeal.

In addition, the victim was not injured.

The argument that there is no causation between the defendant's act and the victim's death is not a legitimate ground for appeal, which is alleged in the ground for appeal by the defendant, or by the court below that there is no ground for appeal to be judged ex officio.

Meanwhile, the argument that the judgment of the court below erred by exceeding the limit of discretion in sentencing constitutes the allegation 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 punishment

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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