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(영문) 대법원 2015.05.28 2015도5374

특수절도미수

Text

The appeal is dismissed.

The judgment of the court of first instance indicated in the judgment of the court of first instance is "Seoul Eastern District Court" (Seoul District Court Decision 2014Sang2658.12.2658.

Reasons

We examine the grounds of appeal.

According to 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 amount of punishment is unreasonable

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench on the ground that there is an obvious error in the indication of the judgment of the first instance.

May 28, 2015