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(영문) 대법원 2016.03.10 2015도20004
감금
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The allegation that the lower court erred by misapprehending the legal doctrine on the method of sentencing review and sentencing determination is ultimately an unfair allegation in sentencing.

Therefore, under 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 has been imposed, an appeal is permitted for the wrongful grounds for sentencing. As such, the argument that the determination of a sentence is unfair is not a legitimate ground for appeal in this case where a minor sentence has been imposed against the defendant.

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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