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(영문) 대법원 2016.03.24 2016도873
상습절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the circumstances revealed in the record, such as the background leading up to the instant crime, method of crime, the act of the accused before and after the instant crime, and the circumstances after the crime, the Defendant was in a mental and physical state at the time of the instant crime.

It is difficult to see it, and there is no error in the judgment of the court below that did not recognize mental disorder.

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 Defendant’s 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.

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