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(영문) 대법원 2017.01.12 2016도18068
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without labor for not less than ten years has been imposed. Thus, in the instant case where a more minor sentence has been imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

B. With respect to the jurisdiction of the Supreme Court, the Constitution does not have any provision except the provisions of Article 107(2). Since the matters concerning the jurisdiction of the Supreme Court other than the above provisions can be prescribed by the enemy, the issue of how to allow an appeal for any reason in a criminal case is a matter of legislative policy, and the provisions of Article 383 subparag. 4 of the Criminal Procedure Act, which limit the grounds for appeal on the grounds of unfair sentencing, shall be deemed to belong to the territory of the freedom of formation permitted by the legislative authority. Thus, the above provisions of the Act are not in violation of Article 101(2) of the Constitution, Article 101(2) of the Constitution of the Republic of Korea, Article 97Do1355 of the Constitution, and Article 207Do1808 of April 26, 2007, or Article 383 subparag. 4 of the Criminal Procedure Act, which limits the grounds for appeal on the grounds of unfair sentencing, or are unconstitutional in violation of the principle of equality (see, e.g.

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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