logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2014.11.13 2014도12244
강간치상
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In a criminal case, the issue of legislative policy is whether to grant any ground for appeal in a criminal case, and 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 freedom of formation permitted by the legislative authority. Thus, this provision infringes on the right of a party guaranteed by the Constitution against the excessive prohibition

or may not violate the principle of equality.

(See Supreme Court en banc Decision 2001Do6138 Decided February 20, 2003, etc.). Also, under Article 383 Subparag. 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 ground of unfair sentencing is allowed. As such, in this case where a more minor sentence is imposed against the Defendant, the argument that the sentence 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.

arrow