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(영문) 대법원 2014.08.20 2014도8446
특정범죄가중처벌등에관한법률위반(절도)등
Text

The summary appeal is dismissed.

Reasons

The summary grounds of appeal are examined.

According to Article 372 of the Criminal Procedure Act, a summary appeal may be filed only when the judgment of the court of first instance does not apply to the facts recognized by it, when the court of first instance makes an error in the application of statutes, or when the punishment is repealed, altered or pardoned after the judgment of the court of first instance is rendered

However, the defendant's assertion that there was an error of unfair sentencing in the judgment of the court of first instance, which cannot be a legitimate ground for appeal.

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

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