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(영문) 대법원 2013.10.31 2013도10760
도로교통법위반(무면허운전)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The Defendant’s assertion that the Defendant was defective at the time of committing the instant crime or a state of mental or physical disability is a new argument at the appellate court and cannot be a legitimate ground for appeal, and even considering the circumstances indicated in the record, such as the background leading the Defendant to commit the instant crime, there was no error in the lower judgment that did not

In addition, according to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

Therefore, in this case where a more minor sentence was imposed on the defendant, the court below violated the principle of balanced criminal punishment or the principle of accountability while sentencing the defendant.

Any assertion that requests are made in consideration of various conditions on sentencing as alleged in the grounds of appeal may not be a legitimate ground of appeal, as it is alleged to the effect that the determination of the sentence by the court below is unreasonable.

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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