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(영문) 대법원 2016.03.24 2016도1156
특수강도
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal filed by Defendant B, to the extent of supplement in case of supplemental statements in the grounds of appeal).

1. Examining the reasoning of the lower judgment as to Defendant A’s grounds for appeal in light of the records, the lower court is justifiable to have rejected the allegation regarding Defendant A’s mental and physical disorder on the grounds of its stated reasoning. In so doing, the lower court did not err by misapprehending the facts, failing to exhaust the deliberation, or omitting judgment

In addition, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, the argument that the determination of punishment is unfair in this case where the above defendant was sentenced to minor punishment is not a legitimate ground for appeal.

2. Examining the reasoning of the judgment below as to Defendant B’s grounds for appeal in light of the records, the court below was just in rejecting the assertion regarding Defendant B’s mental and physical disorder on the grounds of its stated reasoning, and there was no error of law that did not recognize the mental and physical disorder due to misconception of facts, failure of deliberation

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

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