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(영문) 대법원 2015.04.09 2015도2626

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence, the lower court did not err by misapprehending the facts in violation of logical and empirical rules, contrary to what is alleged in the grounds of appeal, which found the Defendant guilty of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes.

In addition, the argument that the judgment of the court below which sentenced excessive punishment in light of the defendant's normal relation is erroneous in the incomplete hearing is the argument 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 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.