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(영문) 대법원 2014.10.15 2014도10268

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

In light of the records, it cannot be deemed that the defense of the defendant was infringed due to the refusal to allow the inspection and copying of the court of first instance and the court of original instance.

This part of the grounds of appeal cannot be accepted.

Meanwhile, the argument that the lower court’s sentencing infringes on the essential contents of the principle of balanced criminal punishment or the principle of responsibility or erroneous determination of facts constitutes an allegation of unreasonable sentencing.

However, 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 punishment

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.