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(영문) 대법원 2017.12.13 2017도15674

사기등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the evidence duly admitted by the lower court, the lower court was justifiable to have determined that the instant facts charged was guilty on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal principles as to due process of law in arrest and detention, admissibility of illegally collected evidence, etc.

In addition, the argument that the court below's failure to deliberate on the sentencing constitutes an unfair judgment.

Therefore, under Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only for a case on which death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years has been pronounced. As such, in this case where a minor sentence has been imposed against the defendant, 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.