beta
(영문) 대법원 2017.12.13 2017도15856

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

The appeal is dismissed.

Reasons

The grounds of 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, a new argument to the effect that the lower court erred by mistake of facts, failure of deliberation, violation of the rules of evidence, misunderstanding of legal principles, etc. is not a legitimate ground for appeal.

In addition, the argument that the court below's determination of sentencing contains an error of not reflecting the situation in which one of the victims has reached an agreement with one victim is ultimately an unfair argument of sentencing.

Accordingly, under Article 383 subparag. 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 has been imposed, an appeal is permitted on the grounds of unfair sentencing. As such, the argument that the Defendant’s punishment is unfair because it is too minor in the instant case where a minor sentence has been imposed against the Defendant cannot be a legitimate ground for appeal.

On the other hand, in light of the records, there is no illegality that infringes on the right of defense of the first instance court and the lower court's trial procedure.

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