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(영문) 대법원 2014.09.04 2014도8534
특정범죄가중처벌등에관한법률위반(위험운전치사상)등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

1. Although self-denunciation was merely a reason for voluntary mitigation, it does not necessarily need to be taken into account in sentencing. Thus, we cannot accept the assertion that the court below erred by misapprehending the legal principles on self-denunciation and omitting judgment by failing to reduce the number of self-denunciation despite the number of self-denunciation.

2. Furthermore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing is allowed only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the amount of punishment is unreasonable is not legitimate

3. 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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