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(영문) 대법원 2016.07.22 2016도7055
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, belongs to the territory of the legislative authority to freedom of formation permitted by the legislative authority. Thus, the above provision of the law does not violate the defendant's right to trial or the principle of excessive prohibition. Thus, the ground of appeal that the above provision of the law is unconstitutional

In addition, 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 is imposed, a final appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair is not legitimate

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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