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(영문) 대법원 2014.01.23 2013도13736

사기등

Text

The appeal is dismissed.

Reasons

We examine the grounds of appeal.

The judgment below

Upon examining the reasoning in light of the records, the court below is justified in treating the crimes No. 1, No. 2, No. 3-Attachment No. 1, No. 4, and No. 6 through No. 13 in the judgment of the court below, which are concurrent crimes with other crimes of the defendant for whom judgment became final and conclusive, as substantive concurrent crimes. On the other hand, the crimes No. 3-Attachment No. 2 through No. 4, and No. 5 in the judgment of the court below, as concurrent crimes under the former part of Article 37 of the Criminal Act. In so doing, the court below did not err by misapprehending the legal principles on concurrent crimes or by omitting judgment

Meanwhile, pursuant to Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without labor for more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence is imposed on the defendant, the argument that the amount of punishment is heavier 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.