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(영문) 대법원 2014.06.12 2014도4425
조세범처벌법위반
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 more 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 above assertion or punishment is too unreasonable, and the allegation that the above assertion or punishment

In addition, Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds of appeal on the grounds of unfair sentencing, shall not be deemed to violate Article 101 (2) of the Constitution and Article 101 (2) of the Supreme Court Act or to damage the essential contents of fundamental rights, since it is a matter of legislative policy and belongs to the territory of the freedom of formation permitted to the legislative authority.

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

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