beta
(영문) 대법원 2014.04.10 2014도2461

사기등

Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

According to the records, Defendant A appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

In such a case, the argument that the lower court erred by misapprehending the legal doctrine regarding the principle of trial-oriented and the principle of direct examination, or by misapprehending the principle of equity, as to the fraud among the facts charged in the instant case does not constitute a legitimate ground for appeal.

In addition, 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 Defendants, the argument that the amount of punishment is unreasonable

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