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(영문) 대법원 2018.04.24 2018도354

특수절도

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the investigation procedure is illegal is not a legitimate ground for appeal.

In addition, the grounds of appeal to the effect that the lower court’s error, which is the premise for the determination of sentencing, is ultimately an unfair argument for sentencing.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in the instant case where a more minor sentence has been imposed against the Defendant, the argument that the amount of the punishment is unfair, including the foregoing argument, cannot be

Meanwhile, even upon examining the record, the lower court did not err by misapprehending the legal doctrine regarding the combination of pleadings, the right to have defense counsel assistance, and the submission period for the reasons for appeal.

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