logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2013.05.09 2013도3460
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
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 unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below did not recognize the mental and physical disability of the defendant cannot be a legitimate ground for appeal, and it cannot be said that the judgment of the court below omitted its decision in violation of Article 364 of the Criminal Procedure Act on the ground that the judgment of the court below did not make a decision

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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the determination of the sentence is unreasonable in this case where

In this regard, the assertion that there is an error of omission of judgment on the grounds for sentencing, such as mental and physical disability, is ultimately an allegation of unfair sentencing, and no legitimate ground for appeal is legitimate.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow