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(영문) 대법원 2020.08.27 2020도8641
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the Defendant asserted mental or physical disability in the statement of grounds for appeal, and even if the Defendant stated the grounds for appeal on the first day of the trial of the lower court and did not clearly withdraw the above assertion, the lower court deemed the Defendant’s grounds for appeal as the grounds for unfair sentencing, and determined that the Defendant did not make a determination

However, in light of the relevant legal principles and evidence duly admitted, the omission of judgment by the lower court does not affect the conclusion of the judgment, since the Defendant did not seem to have been in a state of mental or physical disability at 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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