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(영문) 대법원 2015.10.29 2015도13143
상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The lower court determined that the instant facts charged was guilty on the grounds indicated in its reasoning.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court did not err in its judgment as otherwise alleged in the grounds of appeal.

In addition, according to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred in the incomplete hearing on mental and physical disability is not a legitimate ground for appeal.

Meanwhile, under 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 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 punishment is unfair

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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