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(영문) 대법원 2014.04.10 2014도2061
특정범죄가중처벌등에관한법률위반(절도)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The allegation in the grounds of appeal that the lower court violated the principle of res judicata and proportionality and erred by misapprehending the legal principles on habitual judgment is not only the grounds of appeal in the appellate court but also the appellate court's ex officio decision. Thus, it is not a legitimate ground of appeal.

(2) In light of the evidence duly admitted, the court below’s determination that maintained the judgment of the court of first instance that found the Defendant guilty of the facts charged of this case is not erroneous as otherwise alleged in the ground for appeal.

(See Supreme Court Decision 201Do3898 Decided June 10, 2011 (see, e.g., Supreme Court Decision 2011Do3898, Jun. 10, 201). Moreover, since the issue of postponement of the notified pronouncement date belongs to the court’s discretion, the court below failed to postpone the pronouncement date even though it requested the victims

Thus, it cannot be deemed unlawful.

Meanwhile, under 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

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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