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(영문) 대법원 2015.03.26 2015도1281
강도상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the record, it is justifiable for the lower court to have rejected the allegation of mental or physical disability as to the charge of attempted special larceny, injury resulting from special obstruction of performance of official duties, and violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) under its stated reasoning

In addition, there is no violation of the rules of evidence, such as misapprehension of the legal principle or incomplete hearing.

In addition, according 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, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable 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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