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(영문) 대법원 2018.07.11 2018도7468

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Where several crimes for which judgment has not become final and conclusive are applicable to a crime committed before another judgment rendered by imprisonment without prison labor or more severe punishment is final and conclusive, the latter part of Article 37 of the Criminal Act shall become concurrent crimes and the punishment shall be imposed separately for such crimes.

Therefore, the judgment of the court below which rendered a separate punishment for the crime of fraud, each private document forgery, and each of the above-mentioned documents fraud in the judgment of the Changwon District Court 2017 High Court 1034 case, which committed before and after the final judgment of the judgment sentenced to imprisonment without prison labor or a heavier punishment was rendered, did not err by misapprehending the legal principles on concurrent crimes, contrary to the allegations in the grounds of appeal.

In addition, the argument that the court below's determination of sentencing contains an error of law by misunderstanding legal principles and infringing on the essential contents of the principle of balance of crimes or the principle of responsibility.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an 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 ground for 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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