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(영문) 대법원 2020.04.29 2020도2490
절도등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the record, the lower court did not err by infringing the Defendant’s right of defense in trial proceedings.

In addition, the argument that the lower court’s determination of sentencing contains an error of incomplete deliberation on basic facts for sentencing is ultimately an argument of unfair sentencing.

However, 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 is imposed, an appeal on the grounds of unfair sentencing

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.

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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