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(영문) 대법원 2013.12.26 2013도13128
마약류관리에관한법률위반(향정)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The sentence of the court below is too heavy.

The argument that the court below erred by violating the excessive prohibition principle in determining the defendant's punishment constitutes the argument of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing can be filed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

On the other hand, it is a matter of legislative policy whether the grounds for appeal may be the grounds for appeal in a criminal case, and Article 383 subparagraph 4 of the Criminal Procedure Act which limits the grounds for appeal on the grounds of unfair sentencing belongs to the territory of freedom of formation permitted to

Therefore, this provision cannot be deemed to violate the Constitution, contrary to the allegations in the grounds of appeal.

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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