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(영문) 대법원 2014.05.16 2014도3417
준강간등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment below is not a legitimate ground for appeal.

In addition, examining the reasoning of the judgment below in light of the records, we affirm the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of the circumstances as stated in its holding.

Meanwhile, according 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 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 amount of punishment is unreasonable

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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