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(영문) 대법원 2020.02.06 2019도18099
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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 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 sentencing of the punishment

Meanwhile, the provision of Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes cannot be deemed to be an excessive punishment contrary to the responsibility and the principle of proportionality among punishment, and it cannot be deemed to lose balance in the criminal system or violate the principle of equality. Therefore, the ground of appeal that the above provision of the Act

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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