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(영문) 대법원 2016.12.29 2016도17483
중상해
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment as to the Defendants’ mental and physical disorder in light of the record, it is justifiable for the lower court to have rejected the Defendants’ assertion on the mental and physical disorder.

Contrary to the allegations in the grounds of appeal, there was no error of mistake regarding mental disorder.

2. As to the remaining grounds of appeal by Defendant B, the allegation that the lower court erred by mistake of facts and misapprehension of legal principles in determining the sentencing constitutes the allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

3. Conclusion by the assent of all participating Justices, and all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices.

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