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(영문) 대법원 2013.06.13 2013도4258
교통사고처리특례법위반등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

In light of the records, we affirm the court below's rejection of the defendant's argument about the mental disorder based on its stated reasoning, and there is no error of law by mistake of facts or misapprehension of legal principles as to the mental disorder as alleged in the ground of appeal.

Of the grounds of appeal, the argument that the court below did not properly consider the circumstances affecting the sentencing and that there was a violation of the law that affected the judgment is ultimately attributable to the intent of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may only be filed in cases where the court below rendered a sentence of death or imprisonment with or without labor for an indefinite term or for not less than ten years. Thus, an appeal to the Supreme Court is not allowed for the defendant to be filed on the grounds

Any other ground for appeal shall not constitute a legitimate ground for appeal prescribed in Article 383 of the Criminal Procedure Act.

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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