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(영문) 대법원 2014.06.26 2014도4924
철도안전법위반등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court rejected Defendant’s argument as to the Defendant’s mental and physical disorder in violation of the Punishment of Violences, etc. Act.

The judgment below

Examining the reasoning in light of the evidence duly admitted, the lower court did not err in its judgment as to the mental and physical disorder, contrary to what is alleged in the grounds of appeal.

In addition, pursuant to 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 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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