beta
(영문) 대법원 2018.08.30 2018도10193

횡령등

Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

1. Except in the case of an obvious clerical error in the court records, the court records as of the date of the public trial shall be proved by the protocol, and their probative value is absolute in which counter-proof is not allowed by materials other than the public trial records (see Supreme Court Decision 2003Do3282, Oct. 10, 2003, etc.). In this case, the second public trial records of the court below in the case of this case are "the presiding judge of the court below sentenced the judgment by the judgment and notified the appeal period, the appeal filing court and the appeal court."

The original judgment of the court below is written, and the sentence on the defendant is written as "one year and ten months".

Therefore, we cannot accept the allegation in the grounds of appeal purporting that the defendant was sentenced to imprisonment with prison labor for a period of one year and ten months by absolute probative value of the trial protocol, and that the defendant was sentenced to imprisonment with prison labor for a period of ten months in the court below, and thus, the judgment of the court below is erroneous in violation of the law regarding the validity of the

2. According to Article 383 subparag. 4 of the Criminal Procedure Act, an appeal may be filed only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for more than ten years is imposed, and thus, in this case where a more minor sentence is imposed against the Defendant, the argument that the Defendant’s punishment is too unreasonable is not a legitimate ground for appeal.

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