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(영문) 대법원 2014.06.26 2014도5126
횡령등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

With respect to the jurisdiction of the Supreme Court, the Constitution does not have any provision except for the provisions of Article 107(2). Since the matters concerning the jurisdiction of the Supreme Court other than the above provision can be defined by the enemy, the issue of whether to allow an appeal for any reason in a criminal case is a matter of legislative policy, and the provisions of Article 383 subparag. 4 of the Criminal Procedure Act which restrict the grounds of appeal on the grounds of unfair sentencing belong to the territory of the freedom of formation permitted to the legislative authority. Thus, the above provisions of the law cannot be seen as a violation of Article 101(2) of the Constitution of the Republic of Korea or the provisions of Article 101(2) of the Constitution that stipulate the rights of the people subject to the judgment of the Supreme Court or a unconstitutional provision that violates the principle of equality (see, e.g., Supreme Court Decision 2007Do1808, Apr. 26, 2007

In addition, pursuant 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 more than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the amount of punishment is unreasonable

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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