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(영문) 대법원 2014.12.24 2014도14724

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Upon examining the record, the court below is just to reject the defendant's assertion on mental and physical disability, and there is no violation of law by failing to exhaust all necessary deliberations on mental and physical disability.

In addition, the argument that the court below erred in infringing on the essential contents of the principle of balance of crime or the principle of responsibility by imposing an excessive sentence by seriously lacking a factual investigation into the conditions of sentencing while sentencing, constitutes an allegation of unfair 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 more than ten years is imposed, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a more minor sentence is imposed on the defendant is not a legitimate

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