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The appeal is dismissed.
Reasons
The grounds of appeal are examined.
The judgment below
Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have found the Defendant guilty of violating the Punishment of Violences, etc. Act (collectively weapon, etc.) among the facts charged in the instant case on the grounds stated in its reasoning. In so doing, contrary to what is alleged in the grounds of appeal, the lower court did not err by violating the logical and empirical rules
In addition, in light of various circumstances revealed in the records, such as the background leading up to the Defendant to the crime, the behavior of the Defendant at the time of the crime, and the circumstances after the crime, etc., it is not deemed that the Defendant was at the time of the crime in this case and there was a lack of capacity to discern things or make decisions, and thus, even if the lower court omitted the judgment as to the Defendant’s mental and physical disorder, it cannot be deemed that
In addition, 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
Meanwhile, the reason for punishing a repeated crime is that the punishment for aggravated punishment is high in that it disregards the warning given by the punishment for the former crime, strengthens the ability to promote the crime, and again commits the crime, and even if the punishment was imposed for the former crime, it is not punishable again as a whole with the latter crime. Therefore, it cannot be viewed as a violation of the principle of prohibition of double punishment.
Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.