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(영문) 대법원 2019.06.27 2019도4778
특수중상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of various circumstances, such as the background of the instant crime, method of the commission of the crime, the Defendant’s act before and after the instant crime, and the circumstances after the instant crime, it is difficult to deem that the Defendant was in a state of mental and physical disability at the time of the instant crime.

Therefore, the lower court, which did not recognize mental illness, did not err as alleged in the grounds of appeal.

The argument that the court below erred by misunderstanding facts or misunderstanding legal principles against the rules of evidence on the conditions of sentencing constitutes the allegation of unfair sentencing.

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 not less than ten years is imposed, an appeal may be filed on the ground

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable 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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