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(영문) 대법원 2021.02.10 2020도17739
도로교통법위반(음주운전)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In a written judgment, a judge who affixed his/her signature and seal (Article 41 of the Criminal Procedure Act), and as such, the signature and seal of the judge is not necessary to affix his/her signature and seal to the certified copy of the judgment served on the accused (see Supreme Court Decision 2007Do3060, Jun. 28, 2007). In so doing, the lower court did not err by omitting the signature and seal of the judge

In addition, according to Article 383 (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 is imposed, a final appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable is not a legitimate appeal.

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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