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(영문) 대법원 2014.10.30 2014도10618
보조금관리에관한법률위반등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined (to the extent of supplement in case of supplemental appellate briefs not timely filed by Defendant A).

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

In such a case, the argument that the lower court erred by mistake or misunderstanding of legal principles cannot be a legitimate ground for appeal.

In addition, the argument that the court below erred in misunderstanding of facts, misunderstanding of legal principles, incomplete deliberation, omission of judgment, violation of the rules of evidence, violation of the rules of evidence, and violation of the rules of evidence in sentencing against the above defendant

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the grounds of unfair sentencing may be filed only where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where the above defendant was sentenced to a more minor punishment, the argument that the sentencing of the sentence is unfair is not legitimate

2. As to Defendant G’s grounds of appeal, the allegation that the lower court erred by deviating from sentencing discretion constitutes an allegation of unfair sentencing.

However, according to Article 383 subparagraph 4 of the Criminal Procedure Act, an appeal on the ground of unfair sentencing may only be filed where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years is sentenced. Thus, in this case where the above defendant was sentenced to a minor punishment, the argument that the sentencing of the sentence is unfair is not legitimate

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

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