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(영문) 대법원 2016.02.18 2015도19967
상습특수절도
Text

All appeals are dismissed.

Reasons

1. Defendant A’s appeal is examined.

Defendant

A did not submit a statement of reason for appeal within the statutory period, and the notice of appeal did not state the grounds for appeal.

2. The grounds of appeal by Defendant B are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of an unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

Defendant

In this case where a more minor punishment is imposed against B, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

3. The grounds of appeal by Defendant C are examined.

Examining the evidence duly adopted and examined by the lower court and the first instance court, the lower court’s determination that the Defendant C was guilty of habitual special larceny among the facts charged in the instant case on the grounds stated in its reasoning is justifiable.

There is no error of exceeding the bounds of the principle of free evaluation in violation of logical and empirical rules, or of misapprehending the legal principles on joint principal offenders.

In addition, according to Article 383 (4) of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing shall be allowed only when the court below rendered a sentence of death or imprisonment with or without prison labor for an indefinite term or for not less than ten years.

Defendant

In this case where a more minor punishment is imposed against C, the argument that the amount of punishment is unfair is not a legitimate ground for appeal.

4. Therefore, all appeals are dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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