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(영문) 대법원 2016.02.18 2015도19261

사기등

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).

The judgment below

Examining the reasoning in light of the evidence duly admitted by the court below, the court below is just in finding the Defendant guilty of all the charges of this case on the grounds as stated in its reasoning, and there is no error of law by misapprehending the legal principles on deception in fraud, deception, criminal intent, conspiracy, and criminal procedure, degree of proof in criminal procedure, and criminal legal principle, or by failing to exhaust all necessary deliberations, as alleged in the grounds of appeal.

In addition, pursuant to 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 not less than ten years is imposed, an appeal is permitted for the wrongful grounds for sentencing. Thus, the argument that the amount of punishment is unfair is not a legitimate ground for appeal in this case where a more minor sentence is imposed against the defendant.

B. With respect to the jurisdiction of the Supreme Court, the Constitution does not have any provision except the provisions of Article 107(2). Since the matters concerning the jurisdiction of the Supreme Court other than the above provisions can be prescribed by the Constitution, the issue of how to allow an appeal for any reason in a criminal case is a matter of legislative policy, and the provisions of Article 383 subparag. 4 of the Criminal Procedure Act, which limit the grounds for appeal on the grounds of unfair sentencing, belong to the territory of the freedom of formation permitted by the legislative authority. Thus, the provisions of the above Act are not in violation of Article 101(2) of the Constitution of the Republic of Korea, Article 101(2) of the Constitution of the Republic of Korea, or Article 383 subparag. 2 of the Criminal Procedure Act which limits the grounds for appeal on the grounds of unfair sentencing, or are unconstitutional in violation of the principle of equality (Supreme Court Decision 97Do1355 Decided