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(영문) 대법원 2015.10.29 2015도12733
절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder based on its stated reasoning, and there is no error in the misapprehension of legal principles as to the mental and physical disorder as alleged in the grounds of appeal

In addition, the argument that the judgment of the court below erred by exceeding the inherent limits of sentencing discretion based on the principle of balanced criminal punishment and the principle of responsibility is ultimately an argument 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 more 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 punishment is too unreasonable is not a legitimate

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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