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(영문) 대법원 2017.05.11 2017도4006
특수상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the defendant guilty of special injury among the facts charged in this case on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles on the legitimate defense or excessive defense without failing to exhaust all necessary deliberations as alleged in the grounds of appeal.

In addition, examining the circumstances that led to the instant crime, such as the background leading up to the instant crime, method of crime, the act of the Defendant before and after the instant crime, and the circumstances after the instant crime, the Defendant was physically and mentally in a state of mental disorder at the time of the instant

It is difficult to see it, and there is no error in the judgment of the court below that did not recognize mental and physical weakness.

Meanwhile, the argument that the judgment of the court below is erroneous in the incomplete deliberation and omission of judgment on the grounds for sentencing is ultimately an unfair argument in sentencing.

Therefore, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Therefore, the argument that the Defendant’s punishment is too 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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