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(영문) 대법원 2014.07.10 2014도5697
재물손괴등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, the court below is just in rejecting the defendant's assertion on the mental or physical disability or mental disability on the grounds of its stated reasoning, and there is no illegality of not recognizing the mental or physical disability or mental disability as alleged in the grounds of appeal.

In addition, pursuant 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 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 amount of punishment 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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