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(영문) 대법원 2014.03.27 2014도1026

특정범죄가중처벌등에관한법률위반(도주차량)등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument in the grounds of appeal that there is an error of mistake of facts or misapprehension of legal principles as to the sentencing conditions is ultimately an 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, the argument that the sentencing of punishment is unfair is unfair is not a legitimate ground of appeal.

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