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(영문) 대법원 2016.01.28 2015도18524
살인
Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

The argument that the court below erred in violating the principle of the balance of crimes and the principle of the responsibility due to the misunderstanding or failure to hear the facts concerning the basic facts of the sentencing, and the deviation from the discretion of sentencing, constitutes an unfair argument of sentencing.

However, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is unfair does not constitute a legitimate

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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