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(영문) 대법원 2013.06.27 2013도5021
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining various circumstances, such as the background leading up to the instant crime, method of commission of the crime, the conduct of the Defendant before and after the instant crime, the circumstances after the crime, and the expert opinions on the Defendant’s mental sentiment, etc., it does not seem that the Defendant was in a state of mental disorder beyond the state of mental disorder at the time of the instant crime.

The allegation in the grounds of appeal that the judgment below did not recognize the defendant's mental disorder is not acceptable.

In addition, 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

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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