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(영문) 대법원 2020.11.05 2020도10504
특정범죄가중처벌등에관한법률위반(절도)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

For the reasons indicated in its holding, the lower court convicted the Defendant of the instant facts charged as modified in the first instance trial.

The judgment below

Examining the reasoning in light of the relevant legal principles and evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on Amendments to Bill of Indictment, Correction of Written Judgment, and Prohibition against Double Jeopardy.

Since the closing of pleadings and the designation of the sentencing date are all matters belonging to the discretion of the court, there may be no errors such as infringement of the defendant's right to defense by concluding pleadings on the first trial date and rendering a judgment on the second trial date.

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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