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(영문) 대법원 2014.08.28 2014도7830

특정범죄가중처벌등에관한법률위반(향정)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Sentencing guidelines set up by the Sentencing Committee of the Supreme Court in accordance with Article 81-2 of the Court Organization Act are general and objective criteria set up for rational sentencing in criminal trials, so they shall be respected in selecting the types of punishment and determining the sentence, but they shall not have the legal binding force.

(Article 81-7(1) of the Court Organization Act. Therefore, we cannot accept the allegation in the grounds of appeal that the judgment of the court below is unlawful because it violated the sentencing guidelines by mistakenly applying the sentencing guidelines.

In addition, the argument that the judgment of the court below erred by applying the sentencing guidelines to arbitrary interpretation of sentencing factors is the argument that the sentencing guidelines are substantially unfair sentencing.

However, under 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 above assertion to the effect that the sentencing of

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