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(영문) 대법원 2016.03.24 2016도747
위증
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental statements in the grounds of appeal not timely filed).

According to the records, the defendant appealed against the judgment of the first instance and asserted only unfair sentencing on the grounds of appeal.

In such a case, the argument that the lower court violated the Constitution cannot be a legitimate ground for appeal.

In addition, the argument that the sentencing judgment of the court below violates the constitutional liability principle, the principle of equality, and the principle of excessive prohibition is ultimately unfair.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor punishment is imposed against the defendant, the argument that the amount of punishment is unfair 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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