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(영문) 대법원 2014.05.16 2014도3329
상습사기등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

In addition, Article 383 subparagraph 4 of the Criminal Procedure Act, which limits the grounds of appeal on the grounds of unfair sentencing, shall not be deemed to violate Article 27 or Article 101 (2) of the Constitution, etc., since it is an issue of legislative policy and belongs to the territory of the freedom of formation permitted to the legislative authority.

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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