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(영문) 대법원 2015.07.23 2015도6918
폭력행위등처벌에관한법률위반(상습폭행)
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 disability with unfair sentencing as the grounds for appeal.

In such a case, the argument that the judgment of the court below erred by mistake of facts cannot be a legitimate ground for appeal under Article 383 of the Criminal Procedure Act.

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's argument about the mental and physical disorder on the grounds as stated in its reasoning, and there is no error of law by incomplete deliberation

Meanwhile, the argument that the lower court’s method of examining the sentencing and determining the sentencing is unlawful is ultimately an allegation of unfair sentencing.

However, 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 the punishment

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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