특정경제범죄가중처벌등에관한법률위반(사기)등
The appeal is dismissed.
"Unlawful use of official document" in the 6th sentence of the judgment of the first instance shall be construed as "unlawful use of official document".
We examine the grounds of appeal.
The argument that the lower court erred in violation of Article 51 of the Criminal Act and in misunderstanding the legal principles on sentencing due to incomplete deliberation on the grounds for sentencing constitutes the allegation of unfair sentencing.
However, according to 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 is imposed, an appeal 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 shall be dismissed in accordance with Article 380(2) of the Criminal Procedure Act, and since there is an obvious clerical error in the reasoning of the first instance judgment, it shall be corrected in accordance with Article 25(1) of the Regulations on Criminal Procedure. It is so decided as per Disposition by the
February 21, 2020