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(영문) 대법원 2013.10.11 2013도9803
도로교통법위반(사고후미조치)등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Examining the reasoning in light of the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical disorder based on its stated reasoning.

There is no ground for appeal that there is an error of law in misunderstanding legal principles and incomplete hearing.

In addition, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years

In this case where a more minor sentence is imposed on the defendant, the argument that the court below failed to exhaust all necessary deliberations on the basic facts of sentencing cannot be a legitimate ground for appeal.

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

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