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(영문) 대법원 2013.11.28 2013도12904
특정범죄가중처벌등에관한법률위반(보복협박등)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the court of first instance, the court below was just in finding the defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in the instant case on the grounds stated in its holding, and there is no error of law by misapprehending the logical and empirical rules and by exceeding the bounds of the principle of free evaluation of evidence, contrary to what is alleged in the grounds of appeal.

In addition, examining the reasoning of the judgment below in light of the records, it is just for the court below to reject the defendant's argument as to mental disorder or mental retardation, and there is no error in the misapprehension of legal principles as to mental disorder as alleged in the grounds of appeal.

According to 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 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 determination of the sentence by the court below

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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