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(영문) 대법원 2015.04.09 2015도2214
특정범죄가중처벌등에관한법률위반(향정)등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. Although examining the records of Defendant A’s grounds of appeal, the lower court’s trial proceeding did not err by misapprehending the legal principles as alleged in the grounds of appeal.

In addition, the court below erred in violating the principle of equality in sentencing judgment.

The argument that there is an error of incomplete deliberation on the grounds for sentencing is ultimately an argument of unfair sentencing.

However, 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 is imposed, an appeal on the grounds of unfair sentencing

In this case where the above defendant was sentenced to a more minor punishment, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

2. According to the records on Defendant F’s grounds of appeal, the above Defendant asserted an unreasonable sentencing on the grounds of appeal on the first instance judgment.

In such a case, the argument that the lower court erred in calculating the surcharge cannot be a legitimate ground for appeal.

Even if the record is examined, there is no illegality as alleged above.

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 above defendant, the argument that the amount of punishment is unreasonable is not a legitimate ground for appeal.

3. Defendant G’s ground of appeal contains an error of violation of the principle of equality in sentencing judgment.

The argument that there is an error of incomplete deliberation on the grounds for sentencing is ultimately an argument of unfair sentencing.

However, 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 is imposed, an appeal on the grounds of unfair sentencing

The above defendant is better than the defendant.

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