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(영문) 대법원 2014.09.26 2014도9602

특수강도등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. The argument that the judgment of the court below was erroneous in incomplete deliberation as to the conditions of sentencing is the assertion of unfair sentencing. According to Article 383 subparagraph 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in the case where the defendant A and the defendant and the requester for medical treatment and custody (hereinafter referred to as the "defendant") declared a minor sentence against B, the argument that the sentencing of the sentence

2. As long as Defendant B files an appeal against a prosecuted case regarding the medical treatment and custody application claim, the appeal shall be deemed to have been filed regarding the medical treatment and custody application case.

However, there is no indication of the reason in the petition of appeal and there is no ground for appeal on this part.

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