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(영문) 대법원 2014.06.12 2014도4709
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, only a case on which death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the ground of unfair sentencing is permitted. Thus, in this case where a defendant was sentenced to a minor sentence, the reason that the sentencing of punishment is unfair

In addition, Article 383 subparag. 4 of the Criminal Procedure Act limiting the grounds of appeal on the grounds of unfair sentencing belongs to the territory of the legislative authority’s freedom of formation permitted. Thus, the above provision of the Act cannot be deemed as a unconstitutional provision that infringes on the citizen’s right to trial or the right to equality, as alleged in

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

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