특정범죄가중처벌등에관한법률위반(절도)
2014Do3565 Violation of the Aggravated Punishment, etc. of Specific Crimes (Larceny)
A
Defendant
Attorney (National Ship) B
Seoul Northern District Court Decision 2013No1619 Decided February 20, 2014
April 18, 2014
The appeal is dismissed.
The grounds of appeal are examined.
According to Article 383 subparagraph 4 of the Criminal Procedure Act, only 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 sentence is too unreasonable is not a legitimate ground for appeal.
Therefore, since a document stating only such reasons cannot be deemed a legitimate appellate brief, the appeal shall be dismissed pursuant to the main sentence of Article 380 of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.
April 18, 2014
Justices Kim Yong-deok
Justices Shin Young-chul
Justices Lee Sang-hoon
Justices Kim So-young