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(영문) 대법원 2014.04.10 2014도2514
사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of grounds for appeal that the crime of bodily injury, damage, or assault was committed in a state of mental disorder. On the first day of the trial of the court below, the defendant stated the above statement of grounds for appeal and did not clearly withdraw his claim as to mental disorder, but the court below did not consider the defendant's grounds for appeal as the grounds for unfair sentencing, and

However, even after examining records, the omission of judgment by the court below is not likely to have been in a state of mental disorder at the time of each of the above crimes, and such omission of judgment by the court below does not affect the conclusion of

In addition, according to the records, the defendant appealed against the judgment of the court of first instance, and argued for a misunderstanding of facts or a misunderstanding of legal principles as to the fraud among the facts charged in this case as the grounds for appeal, but withdrawn the grounds for appeal as to the misunderstanding of facts or misunderstanding of legal principles as to

In such a case, the argument that there is an error of mistake or misunderstanding of legal principles in the judgment of the court below is not a legitimate ground for appeal.

On the other hand, the court below erred in violating the principle of balanced criminal punishment or the principle of accountability in the judgment of sentencing.

The argument to the effect that punishment or punishment is too unreasonable is ultimately an argument of unreasonable 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

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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