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(영문) 대법원 2013.09.13 2013도7751

특정범죄가중처벌등에관한법률위반(산림)등

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The grounds of appeal are as follows. The judgment of the court below is erroneous in the misapprehension of the rules of evidence or the principle of proportionality.

The argument that the sentencing of the court below is against the equality with accomplices is ultimately an assertion of unfair sentencing.

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

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