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(영문) 대법원 2015.03.12 2015도1004

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed).

Article 383 subparagraph 4 of the Criminal Procedure Act provides that only cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years has been imposed, an appeal may be filed on the ground that the judgment of the court below had affected the judgment or that the amount of punishment has been extremely unreasonable. Thus, in this case where six years have been sentenced to imprisonment with prison labor for the defendant, the court below erred

The argument that the punishment is too unreasonable is not a legitimate ground for appeal.

Furthermore, even if examining the record, the lower court did not err by misapprehending the legal doctrine as otherwise alleged in the ground of appeal.

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