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(영문) 대법원 2016.09.08 2016도10055
현주건조물방화치상
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on mental and physical disability based on its stated reasoning.

There is no error of misconception of facts or misapprehension of legal principles concerning mental disorder.

In addition, according 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not 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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