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(영문) 대법원 2018.11.29 2018도13394
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court was justifiable to have convicted the Defendant of the charges on the grounds stated in its reasoning.

Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles on the specification of the facts charged, the rules of reinforcement of confession, or the deception, mistake, and mistake in fraud.

In addition, according to Article 383 (4) of the Criminal Procedure Act, only the cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

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

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