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(영문) 대법원 2013.04.11 2013도2461
공용물건손상등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning of the lower judgment and the evidence duly admitted by the first instance court, the lower court’s conviction of all the charges of this case on the grounds stated in its reasoning is justifiable, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of logic and experience and free evaluation of evidence.

In addition, examining the reasoning of the lower judgment in light of the record, it is justifiable for the lower court to have rejected the Defendant’s assertion on mental and physical disability, and the lower court did not err by misapprehending the legal doctrine on mental and physical disability

In addition, 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, and thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the

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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