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(영문) 대법원 2015.06.11 2015도5443
도로교통법위반(음주운전)등
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 provisions can be appropriately prescribed, the issue of whether to allow an appeal for any reason in a criminal case is a legislative policy issue, 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 by the legislative authority. Thus, the provisions of the above Act are not in violation of the Constitution of Article 101(2) of the Constitution or the provisions of Article 383 subparag. 4 of the Criminal Procedure Act which limit the grounds of appeal on the grounds of unfair sentencing, or cannot be said to be an unconstitutional provision contrary to the principle of equality (see Supreme Court Decision 2007Do1808, Apr. 26, 2007

In addition, 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing

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

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