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(영문) 대법원 2017.03.16 2016도21405
아동학대범죄의처벌등에관한특례법위반(아동학대치사)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

Examining the record, the lower court is justifiable to have rejected the Defendant’s assertion on the mental and physical weakness based on its stated reasoning.

In doing so, there was no error by misapprehending the facts or by misapprehending the legal principles as to mental disorder.

In addition, the argument that the lower court’s determination of sentencing erred by mistake of facts, misunderstanding of legal principles, inconsistency of reasoning, etc. is ultimately an unfair argument for sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment, including the above argument, is unfair is not a legitimate ground for appeal.

Other grounds of appeal by the defendant are not legitimate grounds of appeal since the defendant alleged as grounds of appeal or the court below's decision was not subject to judgment ex officio.

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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