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(영문) 대법원 2015.10.15 2015도12875
상해등
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 assertion on the mental disorder on the grounds as stated in its reasoning is just, and there is no error of misconception of facts or misapprehension of legal principles as to the mental disorder.

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 labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

In addition, the argument that the sentence after the period of probation expires so that the sentence of probation is not invalidated cannot be a legitimate ground for appeal.

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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