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(영문) 대법원 2016.01.14 2015도17514
상해치사
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance, and only asserted the mental disorder and sentencing of the defendant on the grounds of appeal.

In such cases, the argument that the lower court erred by mistake of facts or by misunderstanding of legal principles is not a legitimate ground for appeal.

B. In addition, even if we look at the judgment below, there is no error of law as alleged in the grounds of appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just that the court below rejected the defendant's claim on the mental and physical disorder on the grounds as stated in its reasoning, and there is no violation

In addition, the argument that the court below erred in violation of the principle of balance of crime or the principle of responsibility is an unfair argument in sentencing.

However, pursuant to 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 more than ten years has been imposed, an appeal is permitted on the grounds of unfair sentencing. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the amount of punishment is unfair 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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