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(영문) 대법원 2018.08.31 2018도11264
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The appeal is dismissed.

Reasons

The grounds for appeal are examined.

The argument that the court below's determination of sentencing contains an error of violation of the rules of evidence, misunderstanding of facts, or misunderstanding of trial without examining the facts of repayment of damage constitutes an unfair argument of sentencing.

According to Article 383 (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 is declared, an appeal can be filed on the grounds of unfair sentencing.

Therefore, in this case where the defendant was sentenced to a more minor punishment, the argument that the above assertion or punishment is too unreasonable is not a legitimate ground for appeal.

Therefore, the appeal is dismissed in accordance with Article 380(2) of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices on the bench.

August 31, 2018

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