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(영문) 대법원 2018.11.09 2018도13558
사기
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined.

The judgment below

Although examining the reasoning in light of the relevant legal principles and the evidence duly admitted, the lower court did not err by misapprehending the legal doctrine on joint principal offenders and intent, contrary to what is alleged in the grounds of appeal, which found the Defendant guilty of all the facts charged in the instant case.

In addition, the argument that the sentencing of the court below is erroneous in violation of the principle of balance of punishment or the principle of accountability is ultimately an unfair argument in sentencing.

According to Article 383 (4) of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment with or without prison labor for not less than ten years is imposed, an appeal shall be allowed on the grounds of unfair sentencing.

In this case where a more minor sentence is imposed against the defendant, the argument that the punishment is too unreasonable 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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