beta
(영문) 대법원 2015.05.28 2015도1090

주민등록법위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

The argument that the judgment of the court below contains an incomplete hearing on the sentencing conditions, a violation of the rules of evidence, or a violation of statutes constitutes an unreasonable sentencing argument

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 argument that the sentencing of the punishment

In addition, the argument that the judgment is requested after the period of probation expires does not constitute a legitimate ground of appeal as stipulated in each subparagraph of Article 383 of the Criminal Procedure Act.

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