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(영문) 대법원 2014.11.27 2014도12356
특수절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the circumstances revealed in the records, such as the background leading up to each of the crimes in this case, the method of crime, the behavior of the defendant before and after the crime, and the circumstances after the crime, it is not recognized that the defendant had a mental and physical state at the time of each of the crimes in this case. Therefore, the judgment below did not recognize the mental and physical disorder

In addition, the court below did not combine the defendant with other cases since it belongs to the court's discretion to decide whether to combine the arguments.

Thus, this cannot be considered unlawful.

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

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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