logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2016.10.13 2016도12808
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the records, the court below is just in rejecting the defendant's assertion of mental disability based on its stated reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to mental disability.

In addition, according to the records, the defendant appealed against the judgment of the first instance, and argued only mental and physical disability and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the judgment below erred in violation of the rules of evidence shall not be a legitimate ground for appeal.

In addition, the argument that the judgment of the court below violated the principle of responsibility and proportionality in sentencing and deviates from the discretion of sentencing constitutes the 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 not less 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 sentencing of the punishment is unfair

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow