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(영문) 대법원 2013.06.13 2013도3966
특정범죄가중처벌등에관한법률위반(보복범죄등)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.

Contrary to the allegations in the grounds of appeal, there is no error affecting the judgment.

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 judgment of the court below erred by exceeding the sentencing discretion is not a legitimate ground for appeal.

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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