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(영문) 대법원 2014.04.24 2013도11314

자본시장과금융투자업에관한법률위반

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the evidence duly admitted by the first instance court, which maintained the reasoning of the judgment, the court below was just in finding the Defendant guilty of the facts charged of this case on the grounds as stated in its reasoning. Contrary to the allegations in the grounds of appeal, the court below did not err by misapprehending the legal principles as to Article 176 (1) 3 of the Financial Investment Services and Capital Markets Act or omitting judgment.

Meanwhile, the argument that the court below erred by misunderstanding facts concerning the conditions of sentencing in determining the defendant's punishment constitutes the argument of unfair sentencing.

However, under 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, and an appeal on the grounds of unfair sentencing is allowed. Thus, the above assertion in this case where a fine is imposed against the defendant is not

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