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(영문) 대법원 2013.07.11 2013도4658
절도등
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 claim of mental disability based on its stated reasoning, and there is no error of law such as misunderstanding of legal principles as to mental disability.

Meanwhile, the argument that the court below violated the inherent limits of sentencing by infringing on the essential contents of the principle of balanced punishment or the principle of responsibility in the determination of punishment against the defendant is ultimately an assertion of unfair sentencing. However, 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 not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant, the above argument cannot be

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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