beta
(영문) 대법원 2018.06.29 2018도7452

사기등

Text

The appeal is dismissed.

The judgment of the court of first instance indicated in the judgment of the court of first instance is "Seoul Northern District Court 2017 High Court 3308, Jan. 31, 2018.

Reasons

The grounds for appeal are examined.

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

In such a case, the argument that the lower court erred by misapprehending the legal doctrine cannot be a legitimate ground for appeal.

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 an unfair sentencing. As such, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the final appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since there is an obvious error in the indication of the judgment of the court of first instance in the judgment of the court below, it is decided to revise it in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by

June 29, 2018