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(영문) 대법원 2014.11.27 2014도12965
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to 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, 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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