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(영문) 대법원 2013.03.14 2013도747

특정범죄가중처벌등에관한법률위반(절도)

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, the court below's finding the defendant as a habitual thief and finding the defendant guilty of the facts charged of this case on the grounds as stated in its reasoning is just, and contrary to the allegations in the grounds of appeal, there is no error of law by misunderstanding facts or misunderstanding the legal principles as to habituality against logical and empirical rules.

Meanwhile, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be lodged by death penalty, imprisonment with or without prison labor for an indefinite term or for not less than ten years. Thus, in this case where a more minor sentence was imposed on the defendant, an appeal is not allowed to be filed with the Supreme Court on the ground

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