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(영문) 대법원 2014.06.26 2014도6233
절도
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Sentencing guidelines set up by the Sentencing Committee of the Supreme Court in accordance with Article 81-2 of the Court Organization Act are general and objective criteria set up for rational sentencing in criminal trials, so they shall be respected in selecting the types of punishment and determining the sentence, but they shall not have the legal binding force.

(Article 81-7 (1) of the Court Organization Act). Therefore, on a different premise, there is an error of law that affected the conclusion of the judgment in violation of sentencing guidelines.

We cannot accept the argument in the grounds of appeal that dealing with discrimination against other criminal defendants subject to the sentencing criteria or against the principle of equality under the Constitution.

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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