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(영문) 대법원 2020.01.16 2019도16703

유사수신행위의규제에관한법률위반등

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The appeal is dismissed.

Reasons

The grounds of appeal are examined.

Examining the relevant legal principles and evidence duly admitted, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence in violation of logical and empirical rules, or by misapprehending the legal doctrine on the violation of the Regulation of Similar Receiving Act and the establishment of fraud, on the grounds stated in its reasoning, without exhaust all necessary deliberations to determine the guilty of the facts charged

According to 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 more than ten years is imposed, an appeal on the grounds of unfair sentencing is allowed.

In this case where a more minor sentence is imposed against the defendant, the argument that the amount of punishment is 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.