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(영문) 대법원 2017.02.24 2016도16913
사기
Text

The appeal is dismissed.

Of the judgment of the court of first instance, the judgment of the court below is on July 14, 2016.

Reasons

The grounds for appeal are examined.

According to Article 383 subparagraph 4 of the Criminal Procedure Act, a final appeal may be filed only for cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for more than ten years has been imposed. Thus, in this case where a more minor sentence has been imposed against the defendant, the argument that the sentence is too unreasonable is not a legitimate ground for final appeal.

Therefore, the final appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. Since there is an obvious error in the indication of the judgment of the court of first instance in the judgment of the court below, it is decided to revise it in accordance with Article 25 of the Rules on Criminal Procedure. It is so decided as per Disposition by

February 24, 2017

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