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(영문) 대법원 2013.08.22 2013도7937
상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court determined that, at the time of the instant case, the Defendant was found to have inflicted an injury on the victim’s face while walking the victim’s body, and rejected the allegation in the grounds of appeal on mistake of facts that asserted this.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the first instance court, there is no violation of the principle of free evaluation of evidence.

In addition, even after examining the record, the defendant cannot be deemed to have reached the state of mental disability or mental health at the time of each of the crimes in this case, and there is no error of law in the judgment of the court below which has maintained the judgment of the court of first instance without recognizing it.

Meanwhile, 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 not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a lower sentence has been imposed on the defendant, the argument that the amount of the sentence is unreasonable cannot be

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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