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(영문) 대법원 2014.10.06 2014도10679
강도상해
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the records, the court below is just in rejecting the defendant's argument about the mental and physical disorder on the grounds of its stated reasoning, and there is no error of law as otherwise alleged in the

In addition, the argument that the defendant did not assault the victim's property from the beginning with his intention to forcibly take advantage of it cannot be established, and that the crime of injury by robbery and the crime of larceny are established only, is alleged in the ground of appeal that the defendant did not take it as the ground of appeal or that the court below did not take it as the object of judgment ex officio, and therefore, it

Meanwhile, the argument that the judgment of the court below erred by deviating from the discretionary power of sentencing is ultimately an unreasonable sentencing argument.

However, under 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 more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment is unfair

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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