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(영문) 대법원 2018.08.14 2018도10467
교통사고처리특례법위반(치사)등
Text

The appeal is dismissed.

The defendant's indication of the court below is corrected to "T".

Reasons

The grounds for appeal are examined.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and the judgment of the court below is to correct it in accordance with Article 25(1) of the Regulation on Criminal Procedure as there is an obvious clerical error in the judgment below. It is so decided as per Disposition by the assent of all participating Justices.

August 14, 2018

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