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(영문) 대법원 2014.06.12 2014도4285
강도상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as otherwise alleged in the

Meanwhile, according to the records, the defendant appealed against the judgment of the first instance, and asserted only mental and physical disorder and unreasonable sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by mistake of facts cannot be a legitimate ground of appeal.

Furthermore, even if examining the record, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is permitted only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the amount of 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.

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