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(영문) 대법원 2014.06.12 2014도4606
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in finding the defendant guilty of all the facts charged in this case on the grounds and circumstances stated in its reasoning and rejecting the defendant's argument as to the mental and physical disorder. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to false facts or intimidation or mental and physical disorder in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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 is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion to the above purport 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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