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(영문) 대법원 2013.10.11 2013도9706
특정범죄가중처벌등에관한법률위반(도주차량)등
Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The argument that the judgment of the court below erred by deviating from the scope of discretion on sentencing is ultimately an assertion of unfair sentencing. According to Article 383 subparagraph 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 has been imposed, an appeal on the ground of unfair sentencing is allowed. Thus, in the case where the court rendered a minor sentence against the defendant, the argument that the sentencing of the sentence

Furthermore, even in examining records, the lower court did not err by misapprehending the legal doctrine as otherwise alleged by the defense counsel.

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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