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(영문) 대법원 2013.09.27 2013도9012
특수절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the various circumstances indicated in the records, such as the circumstances 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 difficult to view that the defendant was in a state of mental disorder or mental disorder at the time of each of the crimes in this case, and therefore, there is no illegality of not recognizing mental disorder

On the other hand, according to the records, the defendant appealed against each judgment of the first instance, and asserted only unfair sentencing or unfair sentencing and mental and physical disability as the grounds for appeal.

In such a case, the argument that there is an error of mistake in the judgment of the court below shall not be a legitimate ground for appeal.

In addition, pursuant 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 amount of punishment is unreasonable

Other grounds of appeal are not legitimate grounds of appeal as stipulated in Article 383 of the Criminal Procedure Act.

Furthermore, even upon examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged by the Defendant or public defender.

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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