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(영문) 대법원 2013.04.26 2013도3103
특정범죄가중처벌등에관한법률위반(절도)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

In light of the evidence duly adopted by the court of first instance, it is just that the court below maintained the judgment of the court of first instance applying Article 5-4 (6) of the Act on the Aggravated Punishment, etc. of Specific Crimes to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes among the facts charged in this case, and there is no error of law by misapprehending the legal principles as to the above legal provisions and Article 7 of the Act

In addition, the lower court’s assertion that the lower court erred by misapprehending the legal doctrine on the examination of sentencing and the method of determining sentencing by infringing on the essential contents of the principle of balance of crime and the principle of responsibility in sentencing against the Defendant is ultimately an assertion of unfair sentencing. However, under Article 383 subparag. 4 of the Criminal Procedure Act, only in the case 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 is allowed. Thus, in this case where the lower court rendered a more minor sentence against

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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