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(영문) 대법원 2014.08.28 2014도8454
강도상해등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

There is an error of law by misunderstanding the legal principles on the method of sentencing hearing and sentencing judgment on the ground of the principle of balanced criminal punishment and the principle of responsibility.

Examining the grounds for appeal that there was an error of deviation from or abuse of discretion in sentencing, in light of the reasoning of the lower judgment, the above ground for appeal is merely the purport of disputeing the lower court’s sentencing.

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 permitted. Thus, in this case where a more minor sentence has been imposed on the defendant, the above assertion to the effect that the sentencing of the

In addition, other grounds of appeal by the defendant do not constitute legitimate grounds of appeal under Article 383 of the Criminal Procedure Act.

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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