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(영문) 대법원 2016.12.01 2016도14214

여신전문금융업법위반등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The argument that the judgment of the court below contains an error of deviation from discretion in sentencing is ultimately an 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 has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the argument that the sentencing of the punishment

In addition, since whether to postpone the date of declaration notified or whether to consolidate pleadings falls under the discretion of the court, the defendant filed an application for postponement of the date of declaration for the consolidation of other cases after the closing of argument, but the court below rejected the application and thus, it cannot be deemed unlawful.

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