beta
(영문) 대법원 2015.12.10 2015도15837

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

According to the records, the defendant appealed against the judgment of the court of first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the court below erred in the misapprehension of legal principles as to the establishment of a crime is not a legitimate ground for appeal.

In addition, the argument that there is an error of law in the misapprehension of legal principles in the judgment of sentencing and the judgment of sentencing is ultimately an unfair sentencing argument. According to Article 383 subparag. 4 of the Criminal Procedure Act, only in the case where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed, an appeal on the ground of unfair sentencing is allowed. As such, 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.