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(영문) 대법원 2014.06.12 2014도4503
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, an appeal is not allowed to be filed with the Supreme Court on the ground that the lower court erred by misapprehending the facts or by misapprehending the legal doctrine regarding night building intrusion and larceny.

In addition, examining the reasoning of the judgment below in light of the records, we affirm the court below's rejection of the defendant's argument about the mental and physical disorder on the grounds of the circumstances as stated in its reasoning, and there

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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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