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(영문) 대법원 2016.01.28 2015도19168
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that there is an error of misunderstanding of legal principles in sentencing determination by the court below constitutes an unfair argument of sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal

In addition, Article 383 subparagraph 4 of the Criminal Procedure Act that limits the grounds for appeal on the grounds of unfair sentencing does not infringe the citizens' right to trial or violate the principle of equality.

We cannot accept the argument that this provision is unconstitutional.

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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