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(영문) 대법원 2014.03.27 2014도1357

특정범죄가중처벌등에관한법률위반(장물)

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the reasoning of the lower judgment in light of the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on habituality as stipulated in Article 5-4(4) of the Act on the Aggravated Punishment, etc. of Specific Crimes and failing to exhaust all necessary deliberations, on the grounds stated in its reasoning.

In addition, 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

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