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(영문) 대법원 2014.12.24 2014도14218
무고등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below was just in finding the Defendant guilty of all the facts charged. Contrary to the allegations in the grounds of appeal, the court below did not err by exceeding the bounds of the principle of logic and experience and the principle of free evaluation of evidence, or by misapprehending the legal principles on the

In addition, examining the reasoning of the judgment below in light of the records, we affirm the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of the circumstances as stated in its holding.

Meanwhile, according to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without 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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