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(영문) 대법원 2013.12.26 2013도12688
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the various circumstances indicated in the records, such as the background leading up to the instant crime, the method of crime, the behavior of the accused before and after the instant crime, and the circumstances after the crime, it is difficult to view that the Defendant was in a state of mental disorder or mental disorder at the time of the instant crime, and therefore, there is no illegality of not recognizing mental disorder

On the other hand, the judgment below did not properly consider the sentencing conditions.

The argument that there is an error in violation of the principle of balanced punishment or the principle of responsibility in sentencing is ultimately an allegation 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

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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