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(영문) 대법원 2018.12.28 2018도17079

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 duly admitted, the lower court is justifiable to have determined that the instant facts charged were guilty on the grounds as indicated in its reasoning, and contrary to what is alleged in the grounds of appeal, the lower court did not err by exceeding the bounds of the principle of free conviction in violation of logical and empirical rules, or by misapprehending the legal doctrine on the crime of violation of the Punishment

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 more than ten years is imposed, an appeal may be filed on the grounds of unfair sentencing. As such, in this case where a more minor sentence is imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for appeal.

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

참조조문