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(영문) 대법원 2014.05.16 2014도3639
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below's rejection of the defendant's claim on the mental and physical disorder on the grounds of its stated reasoning is just, and there is no error of misconception of facts or misunderstanding of legal principles

In addition, in light of the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment below, the court below is just in holding that habituality of the judgment against the defendant is recognized, and there is no error of law by misunderstanding the facts about habituality of larceny or by misapprehending the legal principles.

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 sentencing of the

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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