logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2019.09.09 2019도9809
특수협박등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant alleged in the statement of grounds for appeal that the crime of this case was committed in the state of mental disorder, and the court below did not state the above statement of grounds for appeal on the first trial of the court below, and did not clearly withdraw his claim on mental disorder, but the court below did not consider the defendant's grounds for appeal as grounds for unfair

However, even if examining the record, the Defendant appears to have been in a state of mental disorder at the time of committing the instant crime, such omission of judgment by the lower court cannot be deemed to have affected the conclusion of the judgment.

In addition, 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where a more minor sentence is imposed on the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

arrow