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(영문) 대법원 2020.09.24 2020도9555
절도등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. On the grounds of appeal by the prosecutor, the lower court upheld the first instance judgment that acquitted the Defendant on the ground that there was no proof of crime regarding attempted larceny listed in the list of offenses (2) Nos. 1 and 2 listed in the attached Table No. 3 among the facts charged in the instant case, and each residential intrusion listed in the list No. 1 and No. 2 of the crimes

Examining the record in accordance with the relevant legal principles, the lower court did not err by misapprehending the legal doctrine on the rules of reinforcement of confession, contrary to what is alleged in the grounds of appeal.

2. According to Article 383 subparag. 4 of the Criminal Procedure Act regarding the Defendant’s grounds of appeal, 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 not less

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

3. Therefore, 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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