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(영문) 대법원 2016.12.15 2016도15711
현존건조물방화미수등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Upon examining the reasoning in light of the record, the court below is just to have rejected the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning, and there is no error of not recognizing mental and physical disorder

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 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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