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(영문) 대법원 2017.09.12 2017도10412
특수절도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Examining the reasoning of the lower judgment regarding the prosecutor’s appeal in light of the record, it is justifiable to reverse the first instance judgment convicting the Defendant on the grounds that there is no proof of crime regarding the joint larceny among the facts charged in the instant case, and to have acquitted the Defendant on the grounds of

In so doing, contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the establishment of joint crimes.

Meanwhile, although the prosecutor appealed to the entire judgment of the court below, he did not state the specific reasons in the petition of appeal as to the guilty portion, and does not state the reasons for appeal in the letter of appeal.

2. As to the grounds for the Defendant’s appeal, the allegation that the lower court erred by infringing on the essential contents of the principle of balance of punishment or the principle of accountability constitutes an unfair argument in sentencing.

Therefore, under 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, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

3. All appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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